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HomeMy WebLinkAbout2010/06/23 - Agenda Packet - Planning Commission M • THE CITY OF RANCHO CUCAMONGA tritiktr PLANNING COMMISSION J', AGENDA RANCHO JUNE 23 CUCAMONGA , 01 0 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California L CALL TO ORDER Roll Call Chairman Fletcher Vice Chairman Munoz Oaxaca_ Howdyshell _ Wimberly • I II. ANNOUNCEMENTS • . III. APPROVAL OF MINUTES. Regular Meeting Minutes of June 9, 2010 IV. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. DEVELOPMENT CODE AMENDMENT DRC2010-00336 - CITY OF RANCHO CUCAMONGA-A request to amend the definition of"Church" in Subsection (C) of Chapter 17.02 (Administration)of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code. The Planning Department staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City CEQA Guidelines. The project qualifies under Section 15061(b)(3) of the State CEQA Guidelines because the text amendment will not have any significant impact on the environment. • 1 of 4 PLANNING COMMISSION AGENDA • L� JUNE 23, 2010 RANCHO CUCAMONGA B. REVIEW OF NON-CONSTRUCTION CONDITIONAL USE PERMIT CUP99-43R - THE BEER MUG - A review of the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District, Subarea 4 of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite C1-C4 -APN: 0229-031-33. CONTINUED FROM MAY 26, 2010 AND JUNE 9, 2010 C. NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00188- CHARLES JOSEPH ASSOCIATES -A request to modify Conditional Use Permit CUP00-03 including modifications to the floor plan and hours of operation for an existing 4,368 square foot full service restaurant and bar • including a 377 square foot outdoor patio located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue-APN 0201-272-06. Related Files: Entertainment • Permit DRC2010-00189 and CUP00-03. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). D. ENTERTAINMENT PERMIT DRC2010-00189 - CHARLES JOSEPH ASSOCIATES -A request to include live entertainment such as dancing, bands, and karaoke in conjunction with a 4,368 square foot full service restaurant and bar located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue - APN 0201-272-06. Related Files: Conditional Use Permit DRC2010-00188 and CUP00-03. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). V. PUBLIC COMMENTS J This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. • 2 of 4 • PLANNING COMMISSION AGENDA iv JUNE 23, 2010 RANCHO CUCAMONGA IVI. COMMISSION BUSINESS/COMMENTS I IVII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 17, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. • i_„�f st-1 r�LV,...-rf` giIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is . important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda,you may do so under"Public • 3 of 4 '' � PLANNING COMMISSION AGENDA Ly JUNE 23 2010 RANCHO CUCA.MONGA Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS • Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any • appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http:llwww.ci.rancho-cucamonga.ca.us • • 4 of 4 • Vicinity Map Planning Commission Meeting June 23 , 2010 ! i 1 co r I c C A v� G 1 II ' ! mI = 1E ( d w &'' ! o - ! 1 i V Ti - Y ! UI _ 1 1 1 1 -c— -11111111r -1-- a . • 19th St r � I Jr Base Linea I' Base Line � �' Church I I I ,�� f 1 Foothill �.�� � i Church Item B � i Foothill 21 I !Ak Arrow-w I i ' H !Arrow . > d Jersey v / m 8th1° I 5 ET o f 3 0I 6 a o cI m -1 6th N 4th Q 2� = Y� I A Items C & D ;4th 15 * Item A is Citywide • * Meeting Location: City Hall 10500 Civic Center Drive STAFF REPORT C h • PLANNING DEPARTMENT DATE: June 23, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director . , BY: Donald Granger, Senior Planner • SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2010-00336 - CITY OF RANCHO CUCAMONGA - A request to amend the definition of "Church" in Subsection (C) of Section 17.02.140 (Definitions) of Chapter 17.02 (Administration) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed definition change is for clarifying purposes and will not result in an intensification of environmental impacts. BACKGROUND: On May 5, 2010, following an oral report by the City Attorney, the City Council unanimously voted to initiate Development Code Amendment DRC2010-00336 (the • "Amendment"), and directed staff to process the Amendment. During the discussion, the Council indicated the importance of having a definition of "church" that meets the needs of the community and avoids potential enforcement problems. Since the Council's approval of the request to initiate the Code Amendment, Planning staff, in conjunction with the City Attorney, • has been analyzing, researching, and evaluating various proposed definitions of the term "church." ANALYSIS: Questions have been raised as to the scope of"church" in the definition in Section 17.02.140(c), which currently states: • "CHURCH: A use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that such use is a church as defined herein." Of particular concern is the application of such a term to religious assemblies in private dwelling units. The Amendment proposes that the definition of"church" be modified as follows: "CHURCH: A use provided by a legally constituted religious organization, in a building or buildings maintained solely for and limited to public and family worship of a deity or deities, together with buildings and uses that are accessory thereto, and limited to the teaching of religious dogma, accessory social functions, and one single-family dwelling for use as a minister or caretaker residence. This definition includes synagogues, temples, mosques, and other buildings used for the purposes stated herein but excludes, day care centers, community recreation • facilities, and private and/or secondary educational facilities." This • definition would exclude religious assemblies in private dwelling units that are not maintained solely for and limited to public and family worship within the term "church." ITEM A PLANNING COMMISSION STAFF REPORT DRC2010-00336 — CITY OF RANCHO CUCAMONGA June 23, 2010 Page 2 • Religious land use restrictions are limited in part by the Federal Religious Land Use and Institutionalized Persons Act, 42 USC § 2000cc et seq. ("RLUIPA"). RLUIPA states that a government may not "impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person . . . or institution" unless the government demonstrates that imposing the burden "is in furtherance of a compelling governmental interest" and "is the least restrictive means of furthering" that interest. Municipalities must ensure that zoning regulations for uses by religious institutions are not substantially burdensome, as compared with regulations for nonreligious uses, such as lodges, meeting halls, and private clubs, barring a compelling government interest narrowly addressed. As indicated by the City Council on May 5, 2010, the primary purpose of updating and clarifying the definition of "church" in the Municipal Code is to provide consistent application of the law regarding such uses. No other change is proposed to the manner in which churches are regulated under the Development Code, and a substantial burden will not be imposed on the religious exercise of any person or individual. ENVIRONMENTAL ASSESSMENT: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed definition change is for clarifying purposes and will not result in an intensification of environmental impacts. It can also be demonstrated with certainty that there is no substantial evidence that the text amendment to clarify the definition of "church" will have a significant effect on the environment. CORRESPONDENCE: Since this item is a proposed text amendment with no specific project at ' • this time, this item was advertised as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council approve Development Code Amendment DRC2010-00336. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Respectfully submitted, Jam R. Troyer, AICP Planning Director JRT:SF\ds Attachments: Exhibit A — Excerpt from Development Code Section 17.03.140(c), existing definition for "church" Exhibit B — City Council Minutes dated May 5, 2010 • Draft Resolution of Approval Recommending Approval for Development 'Code Amendment DRC2010-00336 Draft Ordinance of Approval for Development Code Amendment DRC2010-00336 • A-2 Rancho Cucamonga Development Code Section 17.02.140 of historic structures, or by resolution of the City Council as having significant local or • regional historical importance and value to the community. BUILDING OFFICIAL: The head of the Building and Safety Division of the City of Rancho Cucamonga and shall include his deputies. BUILDING, PUBLIC: A non-profit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purpose. BUILDING SITE: A lot or contiguous lots of land in single, multiple, or joint ownership (exclusive of all rights-of-way and all easements, except open space easements, that prohibit the surface use of the property by its owner), which provides the area and open spaces required by this ordinance for construction of a building or buildings, and which abuts a public or private street or alley, or easement determined by the City Planner to be adequate for the purpose of access. C CARETAKER'S RESIDENCE: A dwelling unit accessory to a principal use on a site and intended for occupancy on the same site, as a caretaker, security guard, servant, or similar position generally requiring residence on the site. CARPORT: A permanent roofed structure with no more than three enclosed sides used or intended to be used for automobile shelter and storage. CEMETERY: land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. CENTERLINE: The centerline of a street as referred to in this Code shall mean the right-of-way centerline as established by the County Engineer of the County, by the • City Engineer of any city within the county, by the State Division of Highways of the State of California, or if no such centerline has been established and in any case in which foregoing definition is not applicable, the Planning Commission shall designate the centerline. CHURCH: A use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that such use is a church as defined herein. CITY: The City of Rancho Cucamonga. CLUB: A non-profit association of persons, whether incorporated or unincorporated, organized to pursue common goals, interests, or activities, but not including a group organized solely or primarily to render a service customarily carried on as business. CLUSTER DEVELOPMENT: A form of development for single-family and multiple family residential subdivisions that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space. • • • EXHIBIT A • 17.02-18 8/00 A-3 • N3. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO REVOKE CONDITIONAL USE PERMIT DRC2007-00283R FOR LOCO CANTINA & GRILL - A public hearing on the appeal of the Planning Commission's decision to revoke the Conditional Use • Permit because it is operating in a manner which is detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The City Council will consider the appeal and may uphold or rescind the revocation or modify the Conditional Use Permit. Located in the Masi Plaza at 11815 Foothill Boulevard; APN: 0229-011-38. Related File: • Entertainment Permit DRC2007-00284. (Continued from April 21, 2010 per applicant's request As this meeting was not held, item was re-advertised and will be heard on May 19, 2010.) CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO REVOKE ENTERTAINMENT PERMIT DRC 2007-00284R FOR LOCO CANTINA & GRILL - A public hearing on the appeal of the Planning Commission's decision to revoke the Entertainment Permit because it is operating in a manner which is detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The City Council will consider the appeal and may uphold or rescind the revocation or suspend or modify the Entertainment Permit. Located in the Masi Plaza at 11815 Foothill Boulevard; APN: 0229-011-38. Related File: Conditional Use Permit DRC2007-00283R. (Continued from April 21, 2010 per applicant's request As this meeting was not held, • item was re-advertised and will be heard on May 19, 2010.) I . ; • • • • . ...• 'O.•CITY-MANAGER'SSTAFF:REPORTS , , I The following items have no legal publication or posting requirements. 01. PRESENTATION HONORING MILITARY VETERANS (PowerPoint) James Troyer, Planning Director provided a PowerPoint presentation honoring military veterans. • 02. UPDATE OF REVISION OF DEFINITION OF "CHURCH" AND "CHURCH ACTIVITIES" IN THE RANCHO CUCAMONGA DEVELOPMENT CODE (Oral) • Jim Markman, City Attorney presented an update on work done to date to revise the definition of a "church" and "church activities" in the City. He indicated recently Code Enforcement has been wrestling with activities in which church activities were conducted in homes. Mr. Markman noted that he was asked to develop an Ordinance to help clarify the matter and distributed a first draft of a rough Ordinance to the City Council. Mr. Markman indicated that the definitions contained in the rough draft were worth pursuing as the Ordinance would change the Municipal Code to clarify that ancillary religious activity in a home are • different from church activities. If ant ancillary religious activity creates a nuisance, it would be no different than any other activity in a home which creates a nuisance and would be addressed accordingly. Mr. Markman suggested that the City Council instruct staff to fine tune the Ordinance, schedule it for the Planning Commission and ultimately consideration by the City Council. In response to Mayor Kurth, Mr. Markman stated that the definition of a church is intended to encompass a complex of buildings. Mr. Markman noted that he could define it further if needed to address a single residential dwelling for a minister. In response to Mayor Pro Tem Michael, Mr. Markman indicated that the purpose of the Ordinance is to assist Code Enforcement in clarifying the difference between an ancillary religious activity in a home and activities at a church. Councilmember Williams reminded the audience and viewers that people should be considerate of their neighbors, regardless of the type of gathering. She noted that the Ordinance should state clearly that there is no discrimination. Redevelopment Agency, Fire Protection District, City Council Minutes • May 5, 2010- Page 10 of 12 EXHIBIT B A-4 In response to Councilmember Williams, staff confirmed that it is possible to use a residential structure as a church with the appropriate permits and adequate parking. • MOTION: Moved by Williams, seconded by Gutierrez, to direct staff to move forward with the development of an Ordinance. Motion carried 5-0. I .. P. COUNCIL usiNESS ,. I The following items have been requested by the City Council for discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) P2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo reported on the grand opening of the new VA clinic, which is a model for other VA clinics around the nation. He indicated that the Local Taxpayer, Public Safety and Transportation Protection Act has been submitted and has qualified for the ballot. Councilmember Spagnolo spoke in opposition to Proposition 16. He reported that today AB X4 26 was upheld, which requires redevelopment agencies statewide to transfer $2.05 billion in local redevelopment funds over the next two years. Lastly, Councilmember Spagnolo reported on AB 155, which would require cities seeking bankruptcy protection to get approval from a State committee. Councilmember Gutierrez noted that the need to help Mr. Reyes. He truly appreciated the prayer at tonight's meeting and spoke about the need to support each other. Councilmember Gutierrez indicated that there is a lot of graffiti on sidewalks and encouraged the public to call the graffiti hotline. Mayor Pro Tern Michael was very concerned with the State seizing redevelopment funding. This money is dedicated to stimulate growth and jobs and will affect the City's ability to construct improvements at • Central Park and at the freeway interchange. Mayor Pro Tern Michael stated that the Ron Ives Bicycle Rodeo will be on May 15, 2010 from 8:30 a.m. to 12:30 p.m. at Red Hill Park. Councilmember Williams encouraged the public to support the Local Taxpayer, Public Safety and Transportation Protection Act. She spoke about the new Metrolink cars. Councilmember Williams invited the Council and the audience to the Cucamonga Challenge on May 8, 2010 at Central Park. Mayor Kurth also expressed concerns with the State taking redevelopment funding. He noted that Sacramento is addicted to spending. Mayor Kurth stated that we all owe a debt of gratitude to our veterans and noted that the meeting would be adjourned in their memory. I . j j Q.- In ENTIFIGATION'OF TIEIVIS FOR-NEXT.IVIEETING No items were identified. R ADJOURNMENT.,;,'„ Mayor Kurth adjourned the meeting at 9:32 p.m. after a moment of silence in honor of military veterans and John C. Lee, retired Division Chief from the Montclair Fire Department, who passed away on April 28, 2010. Respectfully submitted, • Redevelopment Agency, Fire Protection District, City Council Minutes May 5, 2010- Page 11 of 12 • A-5 • RESOLUTION NO. 10-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00336 TO AMEND THE DEFINITION OF A "CHURCH" IN SUBSECTION (C) OF SECTION 17.02.140 (DEFINITIONS) OF CHAPTER 17.02 (ADMINISTRATION) OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2010-00336 (the "Amendment"), as described in the title of this Resolution. 2. On May 5, 2010, the City Council voted to initiate the Amendment. 3. On June 23, 2010, the Planning Commission conducted a duly noticed public hearing on the Amendment and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga hereby • finds, determines, and resolves as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on June 23, 2010, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The Amendment applies to property located within the City; and b. The Amendment clarifies the definition of "church" to staff and the public, and therefore the Amendment promotes consistent application of law such that the City does not impose a substantial burden on a religious institution; and c. The Amendment does not conflict with the Land Use Policies of the General Plan, and is in conformance with the General Plan; and d. The Amendment will promote the goals and objectives of the Development Code by implementing the goals and objectives of the General Plan, protecting the stability of land uses within the City, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and e. The Amendment will not be detrimental to the public health, safety, welfare, or • materially injurious to properties or improvements in the vicinity. 11231-0001\1232545v4.doc A-6 PLANNING COMMISSION RESOLUTION NO. 10-23 DEVELOPMENT CODE AMENDMENT DRC2010-00336 - CITY OF RANCHO CUCAMONGA June 23, 2010 Page 2 . • 3. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, The project qualifies under State CEQA Guidelines Section 15061(b)(3) because the proposed text changes are for clarifying purpose and will not result in an intensification of environmental impacts. It can also be demonstrated with certainty that there is no substantial evidence that the text amendment to clarify the definition of"church"will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3, above,the Planning Commission hereby recommends adoption of the Draft City Council Ordinance, which would amend the definition of "Church" in Subsection (C) of Section 17.02.140 (Definitions) of Chapter 17.02 (Administration) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to read as follows: CHURCH: A use provided by a legally constituted religious organization,.in a building or buildings maintained solely for and limited to public and family worship of a deity or deities, together with buildings and uses that are accessory thereto, and limited to the teaching of religious dogma, accessory social functions,and one single-family dwelling for use as a minister or caretaker residence. This definition includes synagogues, temples, mosques, and other buildings used for the purposes stated herein but excludes day care centers, community recreation facilities, and private and/or secondary educational facilities. • 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: • Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of June 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • A-7 • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00336, AMENDING THE DEFINITION OF A "CHURCH" IN SUBSECTION (C) OF SECTION 17.02.0140 (DEFINITIONS) OF CHAPTER 17.02 (ADMINISTRATION) OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2010-00336 (the "Amendment"), as described in the title of this Resolution. 2. On May 5, 2010, the City Council voted to initiate the Amendment. 3. On June 23, 2010, the Planning Commission conducted a duly noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 10-23, recommending that the City Council adopt the Amendment. 4. On , 2010, the City Council conducted a duly noticed public hearing on the Amendment. • • 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the City Council during the above-referenced public hearing on , 2010, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Amendment applies to property located within the City; and b. The Amendment will provide a clear definition of "church" to staff and the public, and therefore the Amendment promotes consistent application of law such that the City does not impose a substantial burden on a religious institution; and c. The Amendment does not conflict with the Land Use Policies of the General Plan, and is in conformance with the General Plan; and d. The Amendment will promote the goals and objective of the Development Code by implementing the goals and objectives of the General Plan, protecting the stability of land uses within the City, and attaining the advantages resulting from comprehensive and orderly • land use and resource planning; and A-8 CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2010-00336 — CITY OF RANCHO CUCAMONGA , 2010 Page 2 • e. The Amendment will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. 3. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guidelines Section 15061(b)(3) because the proposed text changes are for clarifying purposes and will not result in an intensification of environmental impacts. It can also be demonstrated with certainty that there is no substantial evidence that the text amendment to clarify the definition of "church" will have a significant effect on the environment. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings and conclusions set forth in Sections 1, 2, and 3 above, the definition of "Church" in Subsection (C) of Section 17.02.140 (Definitions) of Chapter 17.02 (Administration) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: CHURCH: A use provided by a legally constituted religious organization, in • a building or buildings maintained solely for and limited to public and family • worship of a deity or deities, together with buildings and uses that are accessory thereto, and limited to the teaching of religious dogma, • accessory social functions, and one single-family dwelling for use as a minister or caretaker residence. This definition includes synagogues, temples, mosques, and other buildings used for the purposes stated herein but excludes day care centers, community recreation facilities, and private and/or secondary educational facilities. • 5. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published pursuant to state law within fifteen (15) days after its passage, and this Ordinance shall become effective thirty (30) days after its passage. • • • A-9 • 4 O f i s r t V :i1: .:. .,;,,-.„. .,. ' .,.. ir\)� VY C O 0 U � o c E E O o ac. li • O -0 O C Co t E c U a) N r= . a. (1) � � a� • O C c i s= . D co } o 0 �� a CS 1 0 ot,_ 4<. p 0 � V w U a f it. c5Iif - , - - - I fit. :G CO 1�' tt_ c d ii O E ^ ..-' E Cll E 8 Cll E o r:. ` - , Oj o0 C O CD if { a) Q Q fn a O 0 ±° = C) co U U , 0 p c a -a p ••. c • - c c c CD c U a) 0 . c E c co c Q N 0 — CO U O� E O CD L CO = O f '0 O U � C L ° O c U v CO ', = O n La CL L -a , b ,_ co O U �- " o o a) , 7 0 r (/) V� • • O ' ' U CI a) . '5 0 - �.� 0 'e i A A -p �d = A CO O wy o ; � ,te;`' U t V . A A 1'b f, t ) pe . 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O O y-- (� 0 O U Q F CO (n O O CO C C 0 0 a (6 "O Ca -1--, « C C U C O Q) Q) "" O Q) .0 O rt+ V C N co .n 0 U cu CtS a Q O p _C O ~ . a) ; O (� /M '=t L co L (0 'p 0 uj p C CU'1---(43 (n Q- O C U !n Q) C O O O C O N C C C = U � a m = — o .E C Q) ' 1, v ) C O O 7.4 O O O C CtS _c 0 O E -o C t L � C3 B Q " a) p = C O L U© O OLU C O " Q- Ott 1. o a)c z U 'U -O C 0 iri V Q) O > l (� O O U O c6 C Q) a X O V e,. t` Q 5. CO 0 U c6 U Q) W N et C7 o C o CL 021 l' _ 'U A A ) ! , ,• ^4 J£ ! f f I 1 y" . 4 C cn C O = U O a :. O >, cQ x tri ›N 0 V C)0 ig o x. O O 2 c co t E co :o \ , , LL V) W O V :, A A A A ill 1 , -.rj J STAFF REPORT Arsiles • PLANNING DEPARTMENT 1-11-0 J • DATE: June 23, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: REVIEW OF CONDITIONAL USE PERMIT 99-43R — The Beer Mug - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite C1-C4 - APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. BACKGROUND: A. Project History: • February 11, 1998, the Planning Commission approved Conditional Use Permit 97-30 • • and Entertainment Permit 97-03 for MVP Sports Grill. • November 23, 1999, Conditional Use Permit 99-43 was approved by the Planning Commission for The Beer Hunter Sports Pub and Grill. This approval was for the sale and on-site consumption for beer, wine, and distilled spirits in conjunction with a restaurant and bar, but did not include any approvals for live entertainment. Conditional Use Permit 99-43 is held by staff as the current Conditional Use Permit for the property • (Exhibit A). • January 27, 2010, a Notice of Violation letter was sent to the owner, Mr. Roig, with the approved Conditional Use Permit 99-43 notifying him that he was in violation of the conditions of approval. This letter also served notice that all entertainment activities • must cease on the property because the owner did not have a valid Entertainment Permit (Exhibit B). • February 23, 2010, in response to a letter from Mr. Roig's attorney, City staff prepared a letter clarifying the City's position on the current Conditional Use Permit and lack of a valid Entertainment Permit. Staff requested that the owner submit an Entertainment Permit application if he desired to provide entertainment activities on his property (Exhibit C). • March 24, 2010, based on a request from the Sheriffs Department, the Planning Commission directed the permit to be set for Public Hearing review on May 26, 2010. • March 30, 2010, the Code Enforcement Department issued a Compliance Order requesting the owner cease all entertainment activities because no valid Entertainment • Permit exists for the property (Exhibit D). ITEM B PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 2 • • May 3, 2010, Planning Department staff along with Deputy City Attorney Mr. Bobko, met with the business owner Mr. Roig and his attorney Mr. Kroll. Staff discussed with Mr. Roig about the current status of his CUP under review, as well as some of the outstanding violations on his property. • • May 26, 2010, Planning Department staff prepared a letter outlining the compliance issues at the property. Staff again requested that the owner cease all entertainment activities. • • June 2, 2010, the owner's attorney delivered a letter to the City stating his client, Mr. Roig, would submit applications for a Non-Construction Conditional Use Permit and Entertainment Permit by June 9, 2010. The letter also states that the owner had ceased all forms of live entertainment as a show of good faith. • June 7, 2010, staff received a letter from the owner's attorney requesting a continuance of the June 9, 2010 Planning Commission hearing to allow his client additional time to prepare the applications for submittal. • Staff requested a continuance of the June 9, 2010 Planning Commission hearing to allow.for the applicant to submit these applications by June 14, 2010. • Following the June 9, 2010 Planning Commission hearing, the Sheriffs Department along with a member of Planning Department staff, conducted a compliance inspection • at approximately 10:45 p.m., during which live entertainment, consisting of a DJ and dancing, was observed at the property. B. Police Incidents: Sampling of incidents and the copies of the police reports are attached (Exhibit E) for the subject location as follows: Report no. Date Description DR # 110912659 10/18/09 Attempted Murder DR # 110913220 10/31/09 Battery DR # 111000872 01/23/10 Attempted Murder DR # 111003461 03/26/10 Assault with a deadly weapon DR# 111005346 05/08/10 Miscellaneous Incident {Alcohol served to underage patron resulting alcohol poisoning} C. Joint Inspection Results on February 11, 2010: Upon site inspection, the Planning Department noted multiple modifications to the interior floor plan including a relocated and expanded dance floor, removal of booths and eating areas, and a the addition of a large DJ booth. • B-2 • PLANNING COMMISSION STAFF REPORT CUP 99-43R • June 23, 2010 Page 3 Joint Inspection Results on June 9, 2010: Upon site inspection, the Planning Department staff noted approximately 30 to 40 patrons standing or sitting at tables or around the bar, and one couple was dancing in the southwest corner of the bar area. The lights were low with a disco ball and strobe type lights flashing. An individual was identified in the DJ booth with a laptop and two external turn tables to mix songs, and was also in control of the music videos being played throughout the restaurant. The individual was also wearing headphones allowing the DJ to hear the upcoming music to be played. It was clear that the individual was acting in the capacity of a DJ and was mixing/playing music and videos for the entertainment of patrons. A flyer advertising the event was also found on the internet (Exhibit G). D. Applicable Municipal Code Sections: The following Code Sections are relevant to the review of the Conditional Use Permit: Conditional Use Permit RCMC 17.04.030 - Conditional Use Permits G. Revisions/Modifications. Revisions or modifications of Conditional Use Permits can be requested by the applicant. Further, the Planning Commission may periodically review, • modify, or revoke a Conditional Use Permit, 1. Revisions/Modifications by Applicant. A revision or modification to an approved Conditional Use Permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. Such request shall be processed as described in Sections 17.04.030-C through F. The applicant shall supply necessary information, as determined by the City, to indicate reasons for the requested change. 2. Periodic Review. The Planning Commission may periodically review any Conditional Use Permit to ensure that it is being operated in a manner consistent with Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. 3. Modification or Revocation. After setting a date for public hearing as described in Subsection 2 above, the Planning Director shall notify the applicant and owners of the CUP in question. Such notice shall be sent by certified mail and shall state that the Commission will be reviewing the CUP for possible modification or revocation. It shall also state the date, time, and place of hearing. The public hearing shall be conducted and notice given in accordance with Section 17.02.110. The Planning Director shall fully investigate the evidence and prepare a report for the • Commission's consideration. Upon conclusion of the public hearing, the Commission shall render a decision to do one of the following measures: If the B-3 • PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 4 • Planning Commission either modifies or revokes a CUP, then they shall state reasons for such action within the resolution. a. Find that the CUP is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or, b. Find that the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary; or, c. Find that the CUP is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revoke the permit, which requires the operation to cease and desist in the time allotted by the Commission. H. New Applications Following Denial or Revocation. Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial or revocation. (Ord. 528 § 7, 1994; Ord. 211 § 6 (part), 1983) ANALYSIS: A. General: • Following a site inspection and research conducted on the status of the permits for The Beer Mug, staff found that there was not a valid Entertainment Permit issued to The Beer Mug, as Entertainment Permits are not transferrable between owners. City Staff sent the owner a Notice of Violation letter notifying him that he was in violation of the Conditions of Approval of CUP 99-43, and that entertainment was not permitted under that CUP. The owner's attorney, Mr. Kroll, presented a letter to staff identifying several points of contention with the City's letter. After further research, it was identified that staff previously issued an Entertainment Permit renewal in error to Mr. Roig under a previous Conditional Use Permit and Entertainment Permit (97-30 and 97-03). Staff prepared a second letter dated February 23, 2010, clarifying several points and noted that the renewals were erroneously issued and the owner would need to submit a new Entertainment Permit application. The reason for this is because Mr. Roig took ownership of the business subject to the conditions set forth in Conditional Use Permit 99-43. Staff also informed Mr. Roig that all entertainment activities must cease until such time as he obtained a valid Entertainment Permit. On March 30, 2010, the Code Enforcement Department issued a Compliance Order requesting that the owner cease all entertainment activities. On May 3, 2010, the Planning Department staff met with Mr. Roig and his attorney to discuss the current status of his CUP under review, as well as the outstanding compliance issues. Staff prepared a follow-up letter • B-4 PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 • Page 5 on May 26, 2010 outlining these compliance issues and again requested all entertainment activities cease because there was no valid entertainment permit for the property. Mr. Roig's attorney delivered a letter to the City dated June 1, 2010 which stated that his client would submit a Non-Construction Conditional Use Permit and Entertainment Permit application by June 9, 2010. The letter also stated the owner had ceased all forms of live entertainment as a show of good faith while the application was pending. Based on this letter and the representation of the owner's attorney, staff requested a continuance of the June 9, 2010 Planning Commission hearing to allow Mr. Roig additional time to submit these applications. However, following the June 9, 2010 Planning Commission hearing, staff conducted a Joint Inspection with members of the Police Department at approximately 10:45 p.m. during which live entertainment, consisting of a DJ and dancing was observed at the property. Based on the issues noted above and the calls for service outlined in the attached documents, the information gathered clearly establishes the subject business has been operating out of compliance with the Conditional Use Permit 99-43. B. Environmental Assessment: When the item was previously approved, the project was found to be categorically exempt • pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The original building operated as a restaurant. FACTS FOR FINDING: Conditional Use Permit The evidence indicates that; 1. The subject business is being conducted in a manner detrimental to the public health, safety, and welfare as evidenced by the number and severity of police calls for service emanating from or associated with the business; and 2. The existing business has operated with live entertainment without an approved Entertainment Permit, which is a violation of Section 5.12 of the Rancho Cucamonga Municipal Code. 3. Substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review. • • B-5 PLANNING COMMISSION STAFF REPORT CUP 99-43R June 23, 2010 Page 6 • 4. The existing business does not convey a restaurant use, rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 liquor license. CORRESPONDENCE: This item was originally advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site prior to the Planning Commission hearing of May 26, 2010. This matter was subsequently continued specifically to the hearings of June 9, 2010 and again to June 23, 2010, and therefore no additional advertising was required. RECOMMENDATION: Staffs recommends that the Planning Commission, based on review of the evidence presented herein and presentations by staff, revoke, Conditional Use Permit 99-43 thereby terminating the sale and on-site consumption of distilled spirits and use of the bar and only allowing the sale and on-site consumption of beer and wine in conjunction with a restaurant: • Respectfully submitted, Ja?Mg' Troyer, AICP • Planning Director JRT:AC/Is • • Attachments: ExhibitA - Staff Report dated November 23, 1998, for Conditional Use Permit 99-43 including Resolution 99-26 Exhibit B - January 27, 2010, Notice of Violation letter sent by the Planning Department Exhibit C - February 23, 2010, Notice of Violation response letter from the Planning Department Exhibit D - March 30, 2010 Compliance Order from the Code Enforcement Department Exhibit E - May 26, 2010 Status of Compliance letter from the Planning Department Exhibit F - Police Incident Reports Exhibit G - Flyer advertising entertainment at The Beer Mug for June 9, 2010 Draft Resolution for Revocation of Conditional Use Permit CUP99-43R • • B-6 r ) CITY OF RANCHO CUCAMONGA • STAFF REPORT teat* r DATE: 'November 23, 1998 TO: Brad Buller, City Planner FROM: Dan Coleman, Principal Planner BY: Douglas Fenn,Associate Planner SUBJECT: CONDITIONAL USE PERMIT 99-43 - THE BEER HUNTER SPORTS PUB AND GRILL-A request to establish a sports bar, arcade, and billiards in conjunction with a restaurant within an existing building with a leased space of 8,869 square feet, in the Regional Related Commercial District of the Foothill Marketplace center, located at 12809 Foothill Boulevard -APN: 229-031-14. BACKGROUND: In November of 1996, the Planning Division issued a business license for MVP Sports Grill for a restaurant without five entertainment for the subject site. However, the sports bar expanded it's use to include live entertainment. Because of the expansion, the applicant had to submit a Conditional Use Permit and an Entertainment Permit application to the Planning' • Commission. On February 11, 1998, the Planning Commission approved Conditional Use Permit 97-30 and Entertainment Permit 97-03 to allow the live entertainment for MVP Sports Grill. The :current sports bar request by Beer Hunter, does not include live entertainment (see proposed use • below). • ANALYSIS: A. Proposed Use: Restaurants with a bar serving alcoholic beverages are conditionally permitted in the Regional Related Commercial District. The applicant, Bob Thomas, proposes a full service sports bar and restaurant. The sports bar and restaurant, also provides TV coverage (satellite feed)of sports events such as:football, baseball, basketball, boxing, and other non- televised sports related activities (such as darts and billiards),for the enjoyment of the patrons. The applicant also proposes to construct a 150 square foot weather enclosure at the front entrance, which will protect patrons from the Santa Ana winds. This enclosure is designed to match the existing building facade. Additionally, there will be an outdoor patio dining area (approximately 675 square feet, to seat 40 patrons), which will be enclosed with the existing landscape planters, proposed wrought iron type fencing, and landscape planters. B. Compatibility of Uses: The subject site is within the Foothill Marketplace shopping center. Most of the surrounding lease spaces are occupied by a variety of fast food and retail uses and services. MVP Sports Grill had been in operation at the subject site since December of 1996. The proposed use will create more activity in this plaza, which is the main plaza for the entire shopping center. • EXHIBIT A B-7 • • CITY PLANNER STAFF REPORT CUP 99-43 —BEER HUNTER SPORTS PUB & GRILL November 23, 1999 Page 2 • • C. Public Safety Concerns: The Police Department has reviewed the proposed use and has no comment The Building and Safety Division and the Fire Prevention Unit have also reviewed • the proposed uses. A condition of approval has been included that requires the applicant to meet all applicable codes for interior modification and improvements and that the building be inspected before occupancy. D. Hours of Operation: Business hours of operation are Sunday through Saturday between the hours of 11:00 a.m. and 2:00 a.m. During football season (September though January) the establishment is open at 9:00 a.m. on the weekends. The personnel operation consists of 6 to12 employees per shift depending on weekdays and weekends. A normal day consists of two shifts. E. Parking: The total square footage for the Foothill Marketplace shopping center is 608,000 square feet. Based on the parking ratio of 5 spaces per 1,000 square feet of floor area, the total number of parking spaces required is 3,040. However,the number of parking spaces on- site for the entire shopping center is 3,248 spaces. The parking ratio also takes into consideration allowing 15 percent of the total floor area (91,200 square feet)to be food users. The total percentage of food users including the proposed business (49,594 square feet) is B percent. Therefore,the site has sufficient parking to accommodate the proposed business. F. Environmental Assessment The application is exempt.per Section 15301 of the California Environmental Duality Act. • • G. Conclusion: Based upon the above analysis, staff believes that the proposed activity is • compatible with the surrounding retail uses and complies with the objectives of the Foothill Boulevard Specific Plan. • RECOMMENDATION: Staff recommends that the City Planner approve Conditional Use Permit 99- • 43 through the adoption of the attached Resolution of Approval with conditions. submitted • • • •an Coleman Principal Planner • BB:DF:mig Attachments: Exhibit"A" - Information Sheet • • Exhibit"B" - Applicant's Letter Exhibit"C" - Foothill Marketplace Subject Site Plan Exhibit"D" - Floor Plan Exhibit"E" - Elevation Plan Exhibit"IF" - Tenant List Resolution of Approval with Conditions i B-8 • s ,1 INFORMATIOIN SHEET • CONDITIONAL USE PERMIT 99-43 • FILE NO: CONDITIONAL USE PERMIT 99-43 • PROJECT NAME: The Beer Hunter Sports Pub and Grill • APPLICANT: Bob Roy Restaurants, Inc. • LOCATION: 12809 Foothill Boulevard LAND USE CLASSIFICATION: Regional Related Commercial EXISTING ZONING: Regional Related Commercial EXISTING LAND USE: A vacant retail space within the Foothill Marketplace Shopping Center GENERAL PLAN DESIGNATION: Commercial ADJACENT ZONING/LAND USE: I North: Church offices, retail, service station (across Foothill Boulevard); Community Commercial, Foothill Boulevard Specific Pan (Subarea 4). Fast food restaurants and video store to the north within the shopping center, Regional Related Commercial • (Subarea 4). South: Metropolitan Water District Reservoir, Light Industrial, Foothill Boulevard Specific Plan (Subarea 4). East: Vacant land and single-family homes (across Etiwanda Avenue); Community Commercial, Foothill Boulevard Specific Plan (Subarea 4) and Low Residential, Etiwanda Specific Plan. Fast food restaurants, retail, Food-4-Less grocery store within the shopping center; Regional Related Commercial, Foothill Boulevard Specific Plan (Subarea 4). West Fast food restaurant, retail; Regional Related Commercial, Foothill Boulevard Specific Plan (Subarea 4). SITE CHARACTERISTICS: The subject site is within the Foothill Marketplace shopping center. Most of the surrounding lease spaces are occupied by a variety of fast food and retail uses and services. Exhibit "A" Hi23/ Rg I • I B-9 44 ■ • M1W_ I I t • :;:;,P • ' h rd 19, 1998 . To Whom It May Concern: . • From:The Beer Hunter : . • Re: The Beer HumerPhilosophy&Concept • • To Whom It May Concern: ...... . . , Outline of the Philosophy and concept developed for the Beer Hunter Sports Pub&Grill. Our mission statement and • • goals are too, -Establish The Beer Hunter ar "Me"place where friends pother. To strive So he the nuns,erciffnp and sucretsfa/sports theme restaurant in America We exist toprovide "you"shepuest with Mr very finest in snores entenainment pualiw fond unique beveropes_from around the'world, and most ofa11, an alnmrnh• r for ' fun and enjoyment, all delivered with exceptional service ht. oarJriendl y staff. • , • As our company statement reflects the tone of the business,we are "The^place were friends gather. We also go to great lengths to,ensure our guest have an environment with fun &enjoyment. With that in mind,the sooet theme and the surrounding ambiance consist of several tools to achieve that. Using our La Quinta store as a model to explain our concept,we have five pool tabla•loeated around the dinning area as well as the sunken area below our • bank of TV's suspended above for the ultimate viewing of sporting events. We also have one dartboard,one basketball game, nso coniputergolfgames, and one shuffleboard and one pinball machine. We have CA Lonery as well in all ow stores. Our operation on a daily basis consists of 6 to 14 employees per shift depending on weekdays and weekends. A normal day consists of two shifts. .., The paint is, it must be a complete package that has all the ingredients to survive. In your city alone,you know how many businesses have come and gone. It takes a special formula to survive in this transient environment. Though the income from those machines equal only 2 V• oereent of total sales,they are a necessity for the concept to work. We have nner been approached that we even resemble an grade.The five games in La Quinta in 1997,generated only 53,40D of the 52,100,000 of total net sales. Again, it is a food erne pt with a sports theme, . ' • • . What we have created is three fold;first being a place where one can enjoy great fool it moderate prictka:second, • • we have surrounded our guest with some form of distraction and aunusemeni for •ei•pleasure while waiting for the • arrival of their food;third, we have created the most incredible viewing for all live soprano events in the US. Packaged with an aggressive food philosophy we feel we haves winning combination. Our food concept starts with a Breakfast menu served during football season. We have an outstanding lunch and dinner menu as well including two to three specials daily. This menu is served till 10pm every day of the year.From I Dom till 2am, we offer a café menu with a limited number of our specialties. This menu works extremely well with the late night employees from the local hotel/and other restaurants,as well as late night moviegoers. We have added banquet facilities to our • concept to capture more of the hotel and sports league business in the market place. We feel strongly that will increase our food salesdramatially. , • What we propose for al! new locations is four or five pool tables,one shuffleboard, one dartboard,two computer . golf games, one pinball machine, and possibly one foosball table If room allows. Our prototype location has a variety of TV's viewable throughout the restaurant and bar area. - , The purpose for the CLIP is for the sale ofalooholic beverage;and an entertainment license. If you have any questions please feel free to coma ma Thank you, Bob Thomas I P Director of Operations • . . , .._.• . Ill Exhibit "B" • n Ct • Palm Deice!.Ca 9?31 I • Bu..714.1143.1934 • Fr,.76nX,3.9HJ • Parer,9Mt veers ll • • ct12; I9g .. _ • B-10 - ... TENANT UST PREPARED FOR CITY QANCHO CUCAMONGA, COMMUNITY'& :OPMENT DEPARTMENT • FOOTHILL MARKETPLACE,RANCH&CAMONGA, CA LIST OF ALL TENANTS WITHIN 300 FEET OF PROPOSED BEER HUNTER AT 12809 FOOTHILL BLVD. • LIST OF NAMES SUBMITTED BY LEASING AGENT • Watson Breevast, 3600 Birch St.,#250, Newport Beach, CA 92660 • ADDRESS TENANT SPACE NUMBER SQ. FT. HOURS OF OPERATION MAJOR TENANTS • VACANT RCO-A 6,150 N/A FOOD 4 LESS JRCO-A1 50,000 24 HOURS, EVERYDAY ,MICHAEL'S JRCO-A2 17,500 9 AM TO 9PM. EVERYDAY PETSMART RCO-A3 25,050 9 AM TO 9PM, EVERYDAY 12839 FOOTHILL BLVD. SUBWAY JRCO-SBIA 1,176 10AM TO 10PM, EVERYDAY VACANT JRCO-SB2A 1,176 N/A • VACANT L_RCO-9133A 1,176 N/A LA NAILS . RCO-SB4A ,J 1,176 9AM TO 7PM, MON-SAT..IOAM TO 5PM, SUN 12809 FOOTHILL BLVD. . _ - --. BEERHUNTER RCO-SCIA-4A 8,569 1 1AM TO 2AM, EVERT'AY 'AY % ; '• EXCEPT FOOTBALL SEASON, 9AM TO 2AM, SAT-SUN ' WOK INN RCO-SC5A 1,645 10AM TO 10PM, EVERYDAY 12799 FOOTHILL BLVD. • . • SUZANNE'S FLOWER RCO-SD1A 1,176 9AM TO 6PM, MON-WED, 9AM TO 7PM, THU-FRI FORMERLY CUCAMON FLOWER • 10AM TO 5PM, SAT. CLOSED SUNDAY VACANT RCO-SD2A 1,176 N/A — • VACANT IRCO-SD3A 1,176 N/A • VACANT RCO-SD4A 1,176 N/A 12769'FOOTHILL BLVD. _ VACANT RCO-SE1A 1,782 N/A APPLE.ONE RCO-SE2A 1,782•7:30AM TO 5:30PM, MON-FRI . 1 ST'SAT OF MONTH, 9AM TO 3PM MAIL BOXES, ETC. RCO-SE3A 1,76218:30AM TO 6PM, MON-SAT, CLOSED SUNDAY FOOTHILL OPTICAL RCO-SE4A 1,762 9AM TO 6PM, MON-SAT, CLOSED SUNDAY HUNGRY HOWIES IRCO-SE5A 1,752 11AM TO 9PM, EVERYDAY VACANT IRCO-SE6A 1,762 N/A • • • 11 i 9/23/99 • • 8.12 - — - TENANT UST PREPARED FOR CR -RANCHO CUCAMONGA, COMMUNAL 'LOPMENT DEPARTMENT FOOTHILL MARKETPLACE, RANC% ..JCAMONGA,CA LIST OF ALL TENANTS WITHIN 300 FEET OF PROPOSED BEERHUNTER AT 12809 FOOTHILL BLVD. LIST OF NAMES SUBMITTED BY LEASING AGENT Wattson Breevast, 3600 Birch St,#250, Newport Beach, CA 92660 • J ADDRESS TENANT SPACE NUMBER SQ. FT. `HOURS OF OPERATION MAJOR TENANTS VACANT jRCD-A • 6,150 N/A • FOOD 4 LESS RCO-A1 50,000 24 HOURS, EVERYDAY MICHAEL'S RCO-A2 17,500 9 AM TO 9PM. EVERYDAY • — PETSMART RCO-A3 25,050 9 AM TO 9PM, EVERYDAY 12639 FOOTHILL BLVD. • SUBWAY RCD-SB1A 1,176 1DAM TO 10PM, EVERYDAY VACANT RCO-SB2A 1,176 N/A VACANT JRCO-SB3A 1,176 N/A LA NAILS RCO-SB4A 1,176 9AM TO 7PM, MON-SAT, 1DAM TO 5PM, SUN • 12809 FOOTHILL BLVD. BEERHUNTER RCO-SCIA-4A 8,869 11AM TO 2AM, EVERYDAY EXCEPT FOOTBALL SEASON, 9AM TO 2AM, SAT-SUN WOK INN. - RCO-SC5A 1,645 1DAM TO 10PM, EVERYDAY 12799 FOOTHILL BLVD. — SUZANNE'S FLOWER • 'IRCO-SD1A 1,176 9AM TO 6PM, MON-WED, 9AM TO 7PM, THU-FRI FORMERLY CUCAMON FLOWER 1DAM TO 5PM, SAT. CLOSED SUNDAY VACANT IRCO-SD2A 1,176 N/A • VACANT IRCO-903A 1,176 N/A — VACANT IRCO-SD4A 1,176 N/A 12759 FOOTHILL BLVD. VACANT . IRCO-SETA 1,782 N/A APPLE ONE RCO-SE2A 1,782 7:30AM TO 5:30PM, MON-FRI 1ST SAT OF.MONTH, 9AM TO 3PM MAIL BOXES, ETC. IRCO-SE3A 1,762 6:30AM TO 6PM, MON-SAT, CLOSED SUNDAY FOOTHILL OPTICAL RCO-SE4A 1,762-9AM TO 6PM, MON-SAT, CLOSED SUNDAY HUNGRY HOWIES RCO-SE5A 1,782 11AM TO 9PM, EVERYDAY . VACANT • RCO-SESA 1,782 N/A • • • • Exhibit "F" �I. -' c e B-16 RESOLUTION NO, 99-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE • 99-43, A ARCADE, AND BILLIARDS REQUEST INN CONJUNCTION WITH RESTAURANT IN AN EXISTING BUILDING WITH A LEASED SPACE OF 8,869 SQUARE FEET, LOCATED AT 12809 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 229-031-14. A. Recitals. • 1. Bob Thomas of the Beer Hunter has filed an application for the issuance of Conditiond Use Permit No. 99-43, as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On November 23, 1999, the City Planner of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Planner of the City of Rancho Cucamonga as follows: 1. This City Planner hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. • 2. 'Based upon substantial evidence presented to the City Planner during the above- . referenced public hearing on November 23, 1999, including written and oral staff reports, together with public testimony, the City Planner hereby specifically finds as follows: a. The application applies to property located at 12809 Foothill Boulevard and adjoins the main pedestrian plaza for the Foothill Marketplace shopping center; and b. The property to the north of the subject site is designated for commercial uses and is developed with offices, a church, retail, and a service station; the property to the south consists of a Metropolitan Water District reservoir; the property to the east is developed with single fancily homes;and the property to the west consists of other lease spaces within the Foothill Marketplace shopping center; and c. The proposed uses consist of full bar and restaurant services, and sports related arcade type activities entertainment (no live entertainment). d. The proposed uses would be compatible with surrounding land uses. e. Restaurants serving alcoholic beverages are allowed in the Regional Related Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a Conditional Use Permit application; and • • • B-17 CITY PLANNER RESOList `• NO. 99-26 • CUP 99-43 -BEERHUNTOWSPORTS PUB & GRILL November 23, 1999 Page 2 f. The subject property is within a designated Activity Center pursuant to the • Foothill Boulevard Specific Plan. g. The development of the sports bar is consistent with the Regional Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and • h. The application, with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code. 3. Based upon the substantial evidence presented to the City Planner during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code and the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located in that the use provides a neighborhood/district level commercial service including commercial recreation activities. b. The proposed use together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity because the applicant will implement a security system and certain site improvements to control activities related to the use; and d. The proposed use complies with each of the applicable provisions of the • Development Code and the Foothill Boulevard Specific Plan. 4. The City Planner hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the building promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Planner Commission hereby approves the application, subject to each and every condition set forth below and in the Standard Conditions attached hereto and incorporated herein by this reference: Planning Division 1) No outdoor serving of alcoholic beverages shall commence until all conditions have been met, to the satisfaction of the City Planner. 2) The days of operation shall be limited to Sunday. through Saturday between the hours of 11:00 a.m. and 2:00 a.m. and shall be limited during football season (September through January) from 9:00 a.m. to 2:00 a.m. 3) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. B-18 CITY PLANNER RESOLI'ThIN NO. 99_P6 CUP 99-43- BEERHUNT,_. ,)SPORTS PUB 8 GRILL November 23, 1999 Page 3 4) The area designated for outdoor serving of alcoholic beverages may be enclosed • for security. Any security fencing shall be decorative wrought iron railing or similar decorative material and shall not conflict with pedestrian passageways or other businesses. The specific type, design, and placement of any enclosure shall be • subject to City Planner review•and approval. 5) Outdoor furniture associated with the proposed outdoor dining shall be limited to the number and location on the approved Site Plan, shall be • designed to withstand high Santa Ana winds, and shall be consistent with the Foothill Marketplace design theme to the satisfaction of the City Planner. • • 6) Roof screening shall be provided on all sides to screen views of any new rooftop equipment (including satellite dishes);if needed. The final design of the screen shall be reviewed and approved by the City Planner. • 7) If the operation of the business creates law enforcement and/or fire safety problems, such as, but not limited to; loitering and disturbances; noise, overcrowding, blocked fire exits, etc., the Conditional Use Permit • shall be brought before the City Planner for consideration of modification and/or revocation. • 8) No person under 18 years of age may enter, be in or remain in any part • of a sports arcade or billiards area during the hours school is in regular session and after curfew. This limitation shall be prominently posted at the entrance of the facility, in letters not less than 1-inch in height, and shall be enforced by the adult supervisor. . • • 9) Change-making or token exchange facilities shall be provided for patron use inside the premises. 10) Access to the sports arcade and billiard area must be provided for safe and convenient patron circulation and shall meet the -following • minimum standards: • a) Amusement devices shall be.iocated no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or portion of a building, b) Provide a minimum of 60 inches between amusement devices and any entrance or exit. c) Where amusement devices are located along one side of an aisle, provide a minimum unobstructed aisle width of 66 inches. Where amusement devices are located along both sides of any aisle, provide a minimum unobstructed aisle width of 90 inches. • • • • B-19 W CITY PLANNER RESOLE 1N NO. 99-26 MP CUP 99-43 - BEERHUNINK SPORTS PUB & GRILL November 23, 1999 • Page 4 d) Additional interior clear space may be required by the Building • Official, Foothill Fire District or Sheriffs Department in order to maintain public safety. 11) No amusement device shall be used for purposes of or in connection with gambling. The winning of anything of value shall constitute gambling, except the winning of a prize in a scheduled tournament. • 12) Approval of this request shall not waive compliance will all sections of the Development Code and all other applicable City Ordinance in effect at the time a Certificate of Occupancy is granted. 13) This approval shall run with the applicant and shall become void upon a change of ownership if the business operation ceases. 14) The parking lot shall be posted"'No Loitering" in letters not less than 1-inch in height on signs, to the satisfaction of the City Planner and Sheriffs Department 15) Use shall not commence until such time as all conditions herein, Uniform Building Code and State Fire Marshall regulations have been complied with. The premises and the grounds shall be inspected for compliance prior to commencement of use. 16) Any modification to the approved plans after occupancy of the building • may require additional review and/or permits from the Rancho Cucamonga Fire Protection District and the Building and Safety Division. • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER, 1999. BY: c-.ice>er -.," : er, er ATTEST: �/ Lois J. S ceder I, Lois J. Schrader, Secretary to the Planning Division for the City of Rancho Cucamonga, do hereby . certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Planner of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of November 1999. i • B-20 " . COMMUNITY DEVELOPMENT '�� % el DEPARTMENT • STANDARD CONDITIONS PROJECT#: Conditional Use Permit 99.43 SUBJECT: Sports Bar APPLICANT: The Beerhunter Snorts Bar and Grill LOCATION: 12809 Foothill Boulevard • ALL'OF THE FOLLOWING CONDMOKSAPPLY,TOYOUR PROJECT. • • APPUCANT SHALL CONTACT THE PLANNING DIVISION,(9Q9)4T7-2750,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A.• Time Limits CemoNNOn Deb • 1. Approval shall expire, unless extended by the City Planner,If building permits are not issued or / approved use has not commenced within 24 months from the date of approval. �— • 2. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/ / building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. B. Site Development • 1. The site shall be developed and maintained in accordance with the approved plans which include / /_ site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Foothill Boulevard Specific Pan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions / / of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / / State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code, _/ /_ all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the • time of building permit issuance. SC 43x_5/99 1 • • • B21 • - Project No. CUP g6.43 • Completion Ore C. Shopping Centers 1. A uniform hardscape and street furniture design including seating benches, trash receptacles, /_I_ all free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. 2. Graffiti shall be removed within 72 hours. / / 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / / debris remain for more than 24 hours. --- 4. All operations and businesses shall be conducted to comply with the following standards which • shall be incorporated into the lease agreements for all tenants: a. Noise Level -All commercial activities shall not create any noise that would exceed an / /_ exterior noise level of 60 dB during the hours of 1D p.m. until 7 a.m. and 65 dB during the hours of 7.a.m.until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing, _/_/_ or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 1D p.m.and 7 a.m.unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. . D. Building Design • 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or / /_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be • included in building plans. E. Landscaping 1. All walls, fences, and railings shall be provided with decorative treatment. / / APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT,(909)477-2730, ' FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. General Fire Protection Conditions • 1. An automatic fire extinguishing system(s)will be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15. / / • Note: Special sprinkler densities are required for such hazardous operations as woodworking, . plastics manufacturing,spray painting,flammable liquids storage,high plied stock,etc. Contact the Fire Safety Division to determine if the sprinkler system is adequate for proposed operations. 2. Sprinkler system monitoring shall be installed and operational immediately upon completion of —I /_ sprinkler system. • 3. A fire alarm system(s) shall be required as noted below: SC-5/25/99 2 • • • B-22 ' ( Project No. CUP RD-49 Com9 E _ X Per Rancho Cucamonga Fire Protection District Ordinance 15. X California Code Regulations Title 24. • ! / � NFPA 101 • 4. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall / / be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 5. Fire District fee(s),plus a$1 per"plan page"microfilm fee will be due to the Rancho Cucamonga _/—/ Fire Protection District as follows: --�$132 for Conditional Use Permit "Note: Separate plan check fees for Tenant Improvement work, fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 6. Plans shall be submitted and approved prior to construction in accordance with 1997 UBC, UFC, —/ / UPC, UMC, and RCFD Standards 32 and 15 and 1995 NEC. G. Special Permits • 1. Special permits may be required, depending on intended use, as noted below: -X— Places of assembly(except churches,schools,and other non-profit organizations). • __/ / • — NOTE: SEPARATE PLAN CHECK FEES FOR TENANT IMPROVEMENTS,FIRE PROTECTION SYSTEMS (SPRINKLERS, HOOD SYSTEMS, ALARMS, ETC.), AND/OR ANY • CONSULTANT REVIEWS WILL BE ASSESSED UPON SUBMITTAL OF PLANS. NOTE: A SEPARATE GRADING PLAN CHECK SUBMITTAL IS REQUIRED FOR ALL NEW CONSTRUCTION. PROJECTS AND FOR EXISTING BUILDINGS WHERE • • IMPROVEMENTS BEING PROPOSED WILL GENERATE SD CUBIC YARDS OR MORE OF • COMBINED CUT AND FILL THE GRADING PLAN SHALL BE PREPARED,STAMPED AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. 9C 425/99 3 • • B-23 Mayor DONALD J. KURTH, M.D. • Mayor Pro Tern L. DENNIS MICHAEL Counci/members `{1 ' REX GUTIERREZ ???TT?...... SAM SPAGNOLO DIANE WILLIAMS • L City Manager THE CITY OF RANCHO CUCAMONGA JACK LAM,AICP RANCHO CUCAMONGA January 27, 2010 Jesus Roig The Beer Mug Sports Pub & Grill 12809 Foothill Boulevard, # CI-CY Rancho Cucamonga, CA 91739 • SUBJECT: CONDITIONAL USE PERMIT 99-43- NOTICE OF VIOLATION Dear Mr. Roig: It has recently been brought to the City's attention that your business operation is not in compliance with Conditional Use Permit 99-43, approved by the Planning Director on November 23, 1999. The approval of this Conditional Use Permit, which is attached, limited the operation to a sports bar with arcade and billiards. An Entertainment Permit was submitted with the application; however, this application was subsequently withdrawn by the applicant. Therefore, no live entertainment as defined by Section 5.12 of the City of Rancho Cucamonga Municipal Code, is permitted. This letter is to serve notice that all live entertainment activities must cease and desist immediately, and the • business operation must be brought into conformance with the approved Conditional Use Permit 99-43. Should your business operations not be brought into compliance, the City will seek further action, including but not limited to, the revocation of Conditional Use Permit 99-43. Should you wish to modify the Conditional Use Permit to include live entertainment, a new Conditional Use Permit and Entertainment Permit application must be submitted to the Planning Department for review by the Planning Commission. If you have any questions regarding this letter, or would like to set up an office conference, please feel free to contact the project planner,Adam Collier or Larry Henderson, Principal Planner, at(909)477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLAN G DEPARTMENT • Jame . Troyer, AICP Plan g Director JT:AC/ge Attachment c: Nicholas Clark, Deputy Sheriff • Ron Wright, Deputy Sheriff Kurt Keating, Code Enforcement Supervisor • rx 807• Rancho Cucamonga, CA 91729-0807•Tel 909-477-2700 • Fax 909-477-2849 •www.ciryofrc.us EXHIBIT B B-24 (� • Nlrrynkl ' DONALD J. KURTH, M.D. Mayo'-Pro Tem 1_. DENNIS MICHAEI. Council:nemben REx GUTIERREZ S . SM SPAGNO1.0 • r"�'�pQ] DIANE WILLIAMS _sal City A-6nrnger THE CITY OF RANCHO CUCAMONGA JACK LAM, MCP RANCHO . • CUCAMONGA February 23, 2010 The Beer Mug Attn: Jesus Roig . 12809 Foothill Boulevard, #C1-C4 Rancho Cucamonga, CA 91730 . SUBJECT: NOTICE OF VIOLATIONS —THE BEER MUG — 12809 FOOTHILL BOULEVARD, #C1-C4 Mr. Roig: • The City of Rancho Cucamonga is in receipt of the letter from your attorney dated February 4, 2010. After reviewing the letter,and based on the recommendations from the City's legal counsel,we have determined that the City's issuance of CUP 99-43 superseded CUP 97-30;therefore,ownership of the property was assumed subject to CUP 99-43. Second, based on review of Municipal Code Section 5.12, staff has determined that the Entertainment Permit is deemed to run with the permittee as it is a business regulation rather than a and use permit. Therefore, the renewals issued for Entertainment Permit EP 97-03 were issued in error,and no Entertainment Permit exists for the property because EP 97-03 expired when the property was sold. Staff requests that should you desire to operate with live entertainment,an Entertainment Permit must be submitted • to the Planning Department for review by the Planning Commission. Submittal of an Entertainment Permit necessitates the modification of CUP 99-43 concurrently with the Entertainment Permit application. Until such time that the Planning Commission has reviewed your Entertainment Permit application, all entertainment activities as defined by Section 5.12 of the City of Rancho Cucamonga Municipal Code must cease and desist immediately. If you have any questions regarding this letter, or would like to set up an office conference, please feel free to contact the project planner, Adam Collier, or Larry Henderson, Principal Planner, at (909) 477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLANNING DEPARTMENT 1. 1 P . dt,97.0V/ • Jam:.• R. Troyer, AICP Plan, ng Director JRT:AC/ge Attachment •c: Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Kurt Keating, Code Enforcement Supervisor I I E xH I n✓IF nong;$t2501729-0807•Tel 900-177-22700 • Fax 9U9-177-2849• ■ ww.ciryolreus Mayor DONALD J. KURTH, M.D. Mayor Pro Tern L. DENNIS MICHAEL Councilmembar REX GUnERI,E7_ • >� DIANE WILLIAMS J city Ma:narrr THE CITY OF RANCHO CUCAMONGA JACK LAM,P.l i' L v RANCHO CUCAMONGA . COMPLIANCE ORDER le OSTE ri? 11-4 • The Beer Mug Sports Pub & Grill Attn: Jesus Roig • • 12809 Foothill Blvd., #CI-C4 Rancho Cucamonga, CA 91739 . • RE: 12809 Foothill Blvd., #C1-C4 I APN# 0229-031-33 Case # COD2010-00811 . As the last known occupant and/or owner(s) of the property located at 12809 Foothill • Blvd., #C1-C4, Rancho Cucamonga, California you are hereby informed that the City of Rancho Cucamonga has determined that violation(s) of the Municipal Code exist upon said property. It has been brought to our attention that the attached list of violation(s) remains uncorrected and continues to constitute a violation(s). Each of the violation(s) must be ' brought into compliance by April 13, 2010, or the following action will occur: ' Administrative Citation and Fine – An Administrative Citation will be issued. The fine amount for each section violated shall be in the amount of $100 for a first violation; $200 for a second violation of the same provision of this code within a twelve-month period; and $500 for each additional violation of the same provision of this code within a twelve-month period. Fines can increase to $100, $500, and $1,000, respectively, where the infraction is a violation of a building and safety code of the city. Right of Appeal - You have the right to appeal an administrative citation no later than twenty (20) calendar days from the date of issuance of the citation. Administrative Hearing or Waiver forms can be requested from the City Clerks Office by calling (909) 477-2700, by mail or in person at 10500 Civic Center Drive, P.O. Box 80, Rancho Cucamonga. The administrative hearing will follow the procedure set forth in Chapter 1.12, Section 16 of the Rancho Cucamonga Municipal Code. • EXHIBIT D . 13-26 a Cucamonga, CA 91729-0807••Tcl 909-477-2_700•• Fax 909-177-2_849 ••www.ciryolrc.us • S Further, any violation of the City's code(s) are infraction/misdemeanor offenses which are chargeable in a court of law and subject to the penalties thereof. If you have any-questions regarding this notice, please contact the undersigned at (909) 477- 2710, ext. 4259. Sincerely, Alicia Rerster Code Enforcement Officer • cc: Kurt Keating, Code Enforcement Supervisor James Troyer, Planning Director Nicholas Clark; Deputy Sheriff •Ron Wright, Deputy Sheriff • • • • • • • • • • • • • B-27 CITY OF RANCHO CUCAMONGA - Code Enforcement Division • CONDITIONAL USE PERMIT VIOLATION 12809 Foothill Boulevard, # C1-C4 Case #COD2010-00811 R.C.M.C. Section 5.12.010 — Permit Required "No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit" 1) All entertainment activities shall cease and desist immediately. • • • • B 28 1 011 e a"' • ^ l�,`; _ CITY OF RANCHO CUCAMONGA 'n�, A. 10500 Civic Center Drive, P.O. Box 807 RANCHO Rancho Cucamonga, CA 91729-0807 CI CA AIorgL, (909) 477-2712 CM • PROOF OF SERVICE I certify and state that I am and was at all times, herein mentioned, over the age of 18; employed in the County of San Bernardino, State of California; my business address is 10500 Civic Center Drive, Rancho Cucamonga, CA 91729; and that I am not a party to the matter in which this service is made. !!,, I further certify that on �! V �� I served the following document: MI COMPLIANCE ORDER / ❑ ADMINISTRATIVE CITATION • • • 0 BY MAIL By depositing in the United States Postal Service mail box at 10500 Civic Center Drive, Rancho Cucamonga, El the original ❑ a true and correct copy thereof in a sealed envelope with • postage thereon fully prepared and addressed as follows: ,c51.1 S i2oic, '9330 r-> S te— Ply' Gal LLG Q,vea-5iciC, (A CI25 `=S 77 W. VJac- -er Dr VC.--1*-- c"c • G'licaono, tL (oO(pDl t2rBY PERSONAL MAIL5ERVICE By personally delivering e original ❑ a true and correct copy thereof to the addressee(s) as follows: -1-1'1-c Scer 4.4 u5 Syaor-rS t�.b `f (nr.11 A.{{-,.': ,,Cyus �oi 12 50C m,t\ 'gtvc .). L C.I-G4 mp'1D O i no Co-ca.,,on5a ( A. o(t139 p� I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Rancho Cucamonga, California.on 3•1 7)0 I ( 0 Karen "Tarlton (/L'� Print name Signature • • B-29 Ma_f • DONALD J. KURTH, M.D. • Mayor ProTcm ^ L. DENNIS MICHAEL / �\ Cou ouncilmembrrr REX GUTIERREZ • SAM SPAGNOLO MS DIANE WILLIAMS L THE CITY OF RANCHO CUCAMONGA Ciry Manager JACK LAM,AICP • RANCHO CUCAMONGA May 26, 2010 Jesus Roig The Beer Mug 12809 Foothill Boulevard, #C1-C4 Rancho Cucamonga, CA 91739 SUBJECT: STATUS OF COMPLIANCE - CUP 99-43 Dear Mr. Roig: • In response to our May 3, 2010 meeting, City Staff has prepared this letter outlining the compliance issues for your business located at 12809 Foothill Boulevard. Please find attached to this letter a copy of the previous CUP 99-43 Staff Report and Planning Commission Resolution#99-26. We previously sent you a copy with our Notice of Violation letter dated January 27, 2010. Based on the site visits from staff and review of the approved Conditional Use Permit 99-43, staff has identified the following compliance issues: • 1. No valid Entertainment Permit exists for the property. Staff recognized that an error was made in issuing a renewal. for an Entertainment Permit that was no longer valid in its letter dated February 23, 2010, however, staff requested that an Entertainment Permit application be submitted and all entertainment activities cease and desist until such time the Planning Commission reviews,and acts favorably on, a new Entertainment Permit application. To date,an Entertainment Permit application has not been submitted as requested in the letter dated February 23, 2010, and entertainment is still ongoing. 2. Modifications to the approved Floor Plan of CUP99-43 including, but not limited to, removal of dining areas, addition of a dance floor and stage, addition of a DJ booth, and relocation of the bar area without the benefit of Planning Commission review and approval. Based on the above compliance issues, staff is requesting that you submit a Non-Construction Conditional Use Permit application and Entertainment Permit application in order to bring the property into compliance as previously requested in our letter dated February 23, 2010. See attached copies of the Uniform Application and submittal checklists. Staff has requested a continuance of the May 26, 2010, Planning Commission hearing for the review of CUP99-43 on the basis that these applications would be submitted for Planning Commission review. Staff • will be presenting a staff report to the Planning Commission on June 9, 2010, outlining the status of your submittal as well as the current compliance issues. We cannot overstate the importance of bringing your business into compliance with the applicable Building, Zoning, and Municipal Codes. And because these issues have direct implications on the health and safety of the persons who patronize your business, we must ask that you do everything within your power to expedite these applications for Planning Commission review. Accordingly, we expect you will submit the plans we EX I—I I B I T E 'Cucamonga, CA 91729-0807•Tel 909-477-2700 • Fax 909-477-2849•www.ciryofrc.us B30 STATUS OF COMPLIANCE – CUP99-43 JESUS ROIG –THE BEER MUG May 26, 2010 Page 2 • described above, as well as an application for an Entertainment Permit, before the June 9, 2010 Planning Commission meeting. Likewise, the City staff and the Sheriffs Department are concemed about the frequency and severity of the calls for service at your business, and ask that you present to staff and the Sheriff's Department a security plan prior to the June 9, 2010 Planning Commission meeting. Again, we cannot overemphasize the importance of addressing these health and safety concerns as soon as possible because of the direct implications for the public's health and welfare. As we stated at our meeting on May 3, 2010, the City and staff are willing to work with you so that your business can thrive and at the same time comply with the City's Codes and regulations. In order to assist in bringing your business into compliance, the City has unilaterally continued the revocation hearing scheduled for May 26, 2010,to June 9,2010. This continuance is not an endorsement of any action or activity currently occurring at the Beer Mug, and the City again requests that you cease all live entertainment until such date as you apply for and obtain an Entertainment Permit. If you have any questions, please contact your project planner, Adam Collier, at (909) 477-2750, Monday through Thursday from 7 a.m. to 6 p.m. Sincerely, PLANNING DEPARTMENT P.-• C` A/11T-A—) • Jam R. Troyer, AICP Planning Director JRT:AC/ge Attachments: CUP 99-43 Staff Report dated November 23, 1998, and Resolution #99-26 Uniform Application Submittal Checklist for Non-Construction CUP and Entertainment Permit c: Kurt Keating, Code Enforcement Supervisor Nicholas Clark, Deputy Sheriff Ron Wright, Deputy Sheriff Ryan Kroll, Attorney for Mr. Roig • B-31 V 16.10130 R•v.mu(CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER.STATON O F PC 564/157 ATTEMPT MURDER SHERIFFSFSANBMEN7 u 110912659 ifri FORM C SAN BEPORRDUO,CA Other FORY GRDAE REPORT 4,ASSIGNED 1.0 -YEAR TIME S.ARRIVED MO-DAY-YEAR TIME S.BEAT 7.REPORT DIST. mom 10/18/2009 01:47 10/18/2009 01:50 04 059 . B.OCCURRED DAY-0E-WEEWMD• AY-YEAR?nME R.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY SUN 10/18/2009 01:30 10/18/2009 01:46 12809 FOOTHILL BLVD,RANCHO CUCAMONGA SUN 10/18/2009 01:40 CODES FOR BOXES 12£22 ARE: V • VICTIM W a WITNESS RP . REPORTING PARTY DC • DISCOVERED CRIME IP • INVOLVED PARTY ✓ 11.NAME:LAST,FIRST/ADDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CRY-ZIP 14.RESIDENCE PHONE I V SEE NAMES IN CONTINUATION T , M 15.OCCUPATION 18.RACE/SEX 17.AGE 18.DOB 14-0-YR 19.BUSINESS ADDRESS-STREET-CITY-ZIP 20.BUSINESS PHONE W 21.NAME:LAST FIRST.MIDDLE(FIRM NAVE IF BUSINESS) 22. 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE 7 .1111.1111.1.11 V SEE NAMES IN CONTINUATION N E S 25.OCCUPATION Th.RACE/SEX 27.AGE 28.DOB MBYR N.BUSINESS ADDRESS9TREET-CT'-ZIP 30.BUSINESS PHONE 9 31.SUSPECT NO.1 LAST.FIRST MIDDLE 32.RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37.EYES 38.DOB MAY 39.ARRESTED 40.INTERVIEWED ' ea IIII Mil 1111. i MIN ©YES❑NO ID YES O ND S U 911.RESIDENCE ADDRESS-STREET•CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MAR XS/CHARACTERISTICS S E 43.SUSPECT NO.2 LAST.FIRST MIDDLE 44.RACE/SEX '45.AGE 46.HEIGHT 47.WEIGHT 48.HAIR 45.EYES 50 A DOB MY 51.ARRESTED 52.INTERVIEWED C IN IIIIIIII OEN A ©YES ❑NO ©YES ❑NO T S 53,RESIDENCE ADDRESS-STREET-CDT-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARRS/CHARACTERLSTCS :.155,:CHECK IF MORENAM.ESINCONTINUATION YESL ND n•,:: I' ,BB-ADORIONAL"RiFORANTION' 'IYIVICRAI. .1elVITfNESS ©OFFICER'"©OTHeft./ •Iii 67i-PHYSICALEVIDENCE RECOVERED$411YES 2IJ NO SBIPHDTOGRAPIIS TAKEN IYITTES'ZILJ'NO . $0 LATENTPiIMTSMFTEO OYES III�f NOS_ PE BQ;NEHICLE. 81'CO4DR ., 62.YR.* 153 MAKE ' s4tMOoEL J e6 HDL)Y.TYPE �I66 LICENSE S7STATE 68 DMNGEJOODrTYMOCESSORIES .•.ROBBERY WEAPON: ❑ FIREARM ❑OTHER DANGEROUS WEAPON LOCATION:❑HIGHWAY DOTHER BUSINESS ❑SERV.STATION , 0 CUING INSTRUMENT ❑STRONG ARM 0 CONVENIENCE STORE ❑RESIDENCE ❑BANK ❑MISC. C M.ASSAULTS WEAPON. 0 FIREARM ❑KNIFFJCUITING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET ❑SWPLEMO INJURY R 71.BURGLARY ❑NIGHT 0 DAY ❑ FORCIBLE ENTRY b ENTRY-NO FORCE ❑RESIDENCE ❑VEHICLE 0 UNKNOWN D ATTEMPT BY FORCE ❑NONAESIDENCEIBIALDING) E• 72.LARCENY ❑moaner ❑ SHOPLIFT 0 MOTOR VEHICLE PARTS ❑FROM BLDG:NOT SHOPUFT OR MAORNES PURSE-SNATCH ❑ FROM MOTOR VEHICLE ❑ BICYCLES ❑FROM COIN-OPERATED MACHINES U ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES S TV.STEREO.ETC. S CONSUMMASLE GOODS I 5 a JEWELRY 8 FIREARMS I LIVESTOCK S T VALUES CLOTHING,FURS I HOUSEHOLD GOODS I OTHER MISC. S A T OFPCE EQUIPMENT 8 ❑IDENTIFIABLE PROPERTY TAKEN NCIC ENTRY COMPLETED TOTAL I S 74.DOMESTIC VIOLENCE INJURIES ❑NONE b MINOR ❑MAJOR WEAPONS: ❑YES 0 NO • 75.PEACE OFFICER ASSAULTED/ARSON ❑YES IF YES.COMPLETE BOXES 1.2.3.4.AND 34 OR 35 ON CR-4 FORM. 76.SYNOPSIS On the above date and time an altercation ensued In the parking lot at the above location.After the altercation,witnesses saw ape ands s be in to fire several shots.There were a total of five victims found to have been shot and transported to local hospitals.Witnesses positively identified Y and as being the shooters.The hand gun used was a high caliber revolver. N v Both suspects were located by Fontana Police Department at a near by Dennys restaurant and were detained.An infield line-up was conducted and s the suspects were positively identified and arrested. s ARS�R MS_STAT_S CAN_ 77,REPORTING OFFICER 78.EMP.C 79.DATE 80.R Y DATE 81. UTEO TO MALENSEK 03387 10/18/2009 ��� ' �SUBMIT TOD/A OTHER \r KM • L •LLOW UP EXHIBIT F B-32 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 • CALIFORNIA REPORT AREA CA 03600 Page 1 • CODE SECTION RC059 CRIME Felony(CATION • PC 664/187 Attempt Homicide VICI'0.t•S NAME-LAST NAME FIRST NAME Felony 1111111111. MIDDLE NAME (FIRM NAME IF BUSINESS) AD RESIDENCE PHONE CASE SUMMARY: — • On 10-18-09,at approximately 0146 hours, Rancho Cucamonga deputies received a call for service at "The Beer Mug"sports bar located at 12809 Foothill Bl. in the city of Rancho Cucamonga. When deputies arrived,they saw five victims suffering from gunshot wounds. Victim#1111/1111- shot in lower back and leg. Victim#2 o. -shot in left leg. Victim#3 shot in right leg. Victim#4f_shot in left leg. Victim#5a • r Shot in right leg. • Victim—and a friend ere leaving the bar and walking to their vehicle. As they were walking, two black males flipped them off and were flashing gang signs. got into an argument with one of the subjects,whileSretrieved his vehicle and drove it toward the front of the business. Security became aware of the disturbance and came outside. Security came outside to remove the subjects from • the area. Additional patrons including (who is a bouncer at the bar, but was off that night)came to assist his co-workers with the aid of additional family members. As the security personnel were walking toward the subjects,the subjects began to retreat to the parking lot and to their vehicles. During this time a black male subject went to a registered tj and removed a large revolver handgun, ehicle is striking the above victims. One shot went through the window o the business next to several times at the ar(The business crowd "Saigon restaurant"was closed for the night and no one was inside). The shooter and a second subject got into the same vehicle and fled the location. A few minutes later, the Mitsubishi Eclipse was located by the Fontana Police Department parked at the Denny's restaurant located at 13479 Baseline Rd. in the city of Fontana where two black male subjects were being detained. They were identified as eallallelPean as they attempted to walk away from the business. When contacted both subjects denied any Connecttiioon to the white Mitsubishi Eclipse parked in the parking lot of Denny's. REPORTING OFFICER DATE I REVIEWED BY TYPW BY D.Parkisoo P1651 110-18-09 I ROUTED BY I DATE FURTHER ACTION: REMARKS COPIES TO: ❑off, ❑SD/PD ❑ YES ❑NO 0 Daesuve ❑ al t) Other IS-151 s4ADl Rev. MD ❑ Di Atty. ❑ Petrol • B-33 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA CA 03600 Page 2 RC059 •DE SECTION CRIME CLASSIFICATION PC 664/187 Attempt Homicide Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADD RESIDENCE PHONE CASE SUMMARY CONTINUED: When patted dowltad the keys to a vehicle in his pocket. The alarm on the key chain disabled the alarm to the white Eclipse with California license plate numberSBoth subjects were detained. An infield line-up was conducted in the Denny's parking lot. A witness positively identified as as the shooter and as as the driver of the White Eclipse. Another witness identified both subjects as the same suspects who fled in the white Eclipse, but could not identify which on was the shooter. Numerous subjects were interviewed at the scene,and placed both la and.as the shooter. Witness all.IMPS described a subject matchine110111 while her brother1111111111MS described T4as the shooter. As of this timelallishas been the only person to positively IDammut from a six pack as the person who shot her. During the interview withand-admitted to being at the bar, but denied being any altercation or shooting at anyone. stated there was a big"Racial Fight"between the blacks and Hispanics, but he too denies shooting anyone. Both suspects were placed into an interview room together and their conversation was recorded. told [..hat if the bar had surveillance cameras he was"Fucked", and was going to do 25 years. Victim'sVIESsandlaawere transported to Arrowhead Regional Medical Center, while the remaining three victims were transported to Loma Linda Medical Center. was rushed to emergency surgery and as of 30-20-09, is still listed in critical condition. All the other victims were treated and released for there injuries. ailla Cell phone was taken as evidence after being arrested at the Denny's. In the cell phone was a picture of a large caliber silver revolver and a black assault weapon. In addition to these pictures we also located several • calls to and from '.SIPadmitted aalla and were the youngsters he came to the aid of during the altercation at the bar but did not have any information about them. could not recall who the other people he was at the bar with the night of the incident. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE D.Parkison P1651 10-18-09 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑SD/PD ❑ YES ❑NO ❑ Detective ❑ CI ❑ Other 5184-401 Rev. I/8.1 ❑ Dist Any. ❑ Petrol B-34 CASE NO. SHERIFF'S DEPARTMENT . COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA CA 03600 Page 3 RC059 • • CODE SECTION CRIME CLASSIFICATION PC 664/187 Attempt Homicide Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) likailkial ADDRESS RESIDENCE PHONE CASE SUMMARY CONTINUED: Through the investigative leads we were able to identify " as ablititilliPlibrother and lives at the same address ofiliaa. On 10-19-09 a search warrant was served at the_address.e was arrested for possession for sales. A shotgun and a rifle were located in the garage and taken as evidence: • ,Witne es identified both wand—as the shooter. Both suspects fled in California license plate numbers and were eventually located at a near y restaurant. • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE D.PRrkison P1651 10-18-09 FURTHER ACTION: COPIES TO: D Other SD/PD REMARKS D YES D NO D Den:wive 0 CI D Other • 15-15164401 Rev. 1/63 0 Dul Arty. D Patrol B35 • • . CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 • CALIFORNIA REPORT AREA CA 03600 Page 1 RC059 CODE SECTION CRIME CLASSIFICATION PC 664/187 Attempted Murder Felony -VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Assignment/Arrival: On 10-18-09 I was assigned to uniform patrol in the city of Rancho Cucamonga between the hours of 2100 and 0700 AS 11P14. At 0147 hours I was dispatched to 12809 Foothill Boulevard (Beer Mug) reference a shots fired call. I arrived on scene at 0150 hours. Observations: When I arrived on scene, I observed several subjects running around and towards the entrance of the Beer Mug. As I walked up towards the front doors of the entrance to the Beer Mug, I saw a Hispanic male lying down on the floor just west of the doors inside the location. The subject appeared to have been shot and a blood on his leg. He was holding a white towel on his wound and I advised the paramedics were on there way. As I continued inside, I saw another female lying inside past the door way just east of the doors. She was a Hispanic female and appeared to have been shot and was iileeding from the leg. She had her leg elevated and had a white towel on her wound. There was veral subjects inside and they were order to the west side of the establishment and to get there drivers license or there identification out. I went back out side and started to set up the crime scene. Rancho Fire arrived and treated victims and AMR arrived and transported victims to local hospitals (Arrowhead Regional Medical Center and Loma Linda Medical Center). Scene: The business at the location is named the Beer Mug, which is a sports bar. The business is located on the south side of a shopping center. The front entrance to the business faces north towards the parking lot. The business has a tan stucco exterior with white stucco trim. In front of the business is a large two level sitting area with several sets of stairs and multiple planters. Crime Scene Sketch: See crime scene sketch for further. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE T.MALENSEK 10-18-09 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII 0 Other �1 181+701 Ray. 1/83 ❑ 01st.Atty. ❑ Petrol B-36 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA REPORT AREA • CA 03600 Page 2 RC059 CODE SECTION CRIME CLASSIFICATION PC 664/187 Attempted Murder Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Witness statement: . I contacted-IInside of the Beer Mug and the following is a summary of his statement. He stated he went to the Beer Mug with his friends to celebrate a friend's birthday. As the bar was closing, he and his friend NMI headed out to the parking lot to get his vehicle. As they were walking to the parking lot there he noticed two black male adults flipping him off and throwing up gang signs. He did not remember what gang the subjects were saying they were from. The black male subjects began to argue and yell at him and his friend. He walked away and went to his vehicle and pulled it around to the front of the bar. He saw se still arguing with black male subjects in the parking lot and got out of the vehicle and walked over towardsS. Both black male subjects were stilling yelling and shouting out unknown gang names along throwing gang signs. I asked him how he knew it was a gang sign and he stated "it was only obvious but I could not make it our. His friend Illas,_ got into the argument with the black male subjects. While they were • arguing several other friends were coming out of the bar and started walkin tow the subjects arguing. He saw one of the black male subjects walk over to a whiteinknown plate and open the driver side door. He stated the subject grabbed unknown item from the vehicle and turned towards the crowd of people while his right arm was tucked down towards the right side of his leg while walking towards his friends and the crowd. The black male subject began yelling and started to raise his right arm in the air. As his right arm was coming up, he saw a gun in his hand. He could not make out what kind of gun it was and he began to grab his friend a As he grabbed/IN/the heard several shots being fired towards them. He andlran towards the front doors of the bar to go hide inside. He could not remember how many shots were fired but he heard at least 4-5 shots. As they got to the front doors of the bar, he saw that-.had been shot in the leg and he ran and asked for help for his friend. He stated he stayed inside till after the gun shots stopped and he heard a vehicle taking off through the parking lot. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE T. MALENSEK 10-16-09 - FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist Atty. ❑ Patrol B37 • • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912659 CALIFORNIA • REPORT AREA CA 03600 Page 3 RC059 - OE SECTION CRIME CLASSIFICATION PC 6641187 _Attempted Murder Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • Additional Information Deputy: I contacted Arrowhead Regional Medical Center to check on the status of the one of the victim's INNIMPININIMMISMININS4and spoke to mat 2316 hours.+:.stated he was still in critical condition but was stable. I also checked to see if they still had the bullet that was removed from one of the victims and he stated yes but he could not release it until the pathologist checked It over. He stated it would be available on 10-19-09 after 0800 hours for pick up. All other victims had been treated and released. Subject Contact: See supplemental reports. Sitnesses statements: See supplemental reports. Victim's statements: See supplemental reports. Injuries: See supplemental reports. Infield Lineup: See supplemental reports. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE T. MALENSEK 10.18-09 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other •80-001 Rev. 1/83 ❑ Dist.Aty. ❑ Petrel B-38 I 15-10603-401 Revised 6192 (CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER CRIME CODE SHERIFFS DEPARTMENT 0 F- PC 242 Battery 110913220 COUNTY OF SAN BERNARDINO,CA 0 M UNIFORM CRIME REPORT 0 OTHER 4.ASSIGNED MONTH-DAY-YEAR-TIME 5.ARRIVED MONTH-DAY-YEAR-TIME 6.BEAT 7.REPORTING DISTRICT • 03609 103109/0159 103109/0159 4 059 B.OCCURRED DAY OF WEEK-MONTH-DAY-YEAR-TIME 9.REPORTED MONTH DAY-YEAR-TIME 10.LOCATION OF OCCURRENCE CITY Saturday/103109/0130-0151 103109/0151 12809 Foothill Blvd. Rancho Cucamonga CODES FOR BOXES 12622 ARE: V=VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME IP=INVOLVED PARTY OTOTHER V 11,NAME:LAST,FIRST MIDDLE(FIRM IF A BUSINESS) 12.CODE 13.RESIDENCE ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE I IMMIMPIS V1 Confidential C T IS.OCCUPATION 16.RACE/SEX 17:ADE 18.008 19.BUSINESS ADDRESS-STREET-CT'•ZW 20.BUSINESS PHONE 1 M W 21.NAME LAST,FIRST,MIDDLE(FIRM IF A BUSINESS) 22.CODE 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE I I 1.111M1111111111 V2 Confidential N E 25.OCCUPATION 26.RACE/SEX 27.AGE ' 28,DOB 29.BUSINESS ADDRESS-STREET-CITY-ZIP 30.BUSINESS PHONE S 5 31.SUSPECT#1 NAME:LAST,FIRST,MIDDLE 32.RACE/SEX - 33.AGE 34.HT. 35,WT, 36.HAIR 37.EYES 38.DOB 39.ARRESTED 40.INTERVIEWED MIMS 5 !l . ® ® a ®YES 0 NO D YES ONO U 41,RESIDENCE ADDRESSSTREET•CITY-LP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS Sp E 43,SUSPECT 02 NAME:LAST.FIRST,MIDDLE 44.RACE/SEX 45.AGE 46.HT. 47.WT. 48,HAIR 49.EYES 50.DOB 51.ARRESTED 52.INTERVIEWED T 1.11111111111 a - a i B YES D NO a YES D NO $ 53.RESIDENCE ADDRESSSTREET•CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 55.ADDITIONAL NAMES IN CONTNUATION? ®YES'0 NO 56.ADDITIONAL INFORMATION FROM: '0 VICTIM 0 WITNESS B OFFICER 0 OTHER I 51.PHYSICAL EVIDENCE RECOVERED? 0 YES.0 NO 58.PHOTOGRAPHS TAKEN'? S YES 0 ND 59.LATENT PRINTS LIFTED? OYES ONO N 60.VEHICLE 81.COLOR 62.YEAR 63.MAKE 64.MODEL 65.BODY ,66.LICENSE NUMBER 67,STATE 8$.DAMAGE/ODDITY/ACCESSORIES V D VICTIM • O SUSPECT _ _ • - 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS LOCATION' 0 HIGHWAY 0 OTHER BUSINESS 0 RESIDENCE 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE 0 SERVICE STATION 0 BANK 0 MISC. C 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANOS/FEET S SIMPLE/NO INJURY R 71.BURGLARY 0 NIGHT O DAY O FORCIBLE ENTRY 0 ATTEMPTED FORCIBLE ENTRY O RESIDENTIAL 0 NON-RESIDENTIAL I 0 UNKNOWN 0 NO FORCIBLE ENTRY 0 VEHICLE (BUILDING) M 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BUILDING•NOT SHOPLIFT DR MACHINES 0 ALL OTHERS 72.LARCENY E 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES ❑FROM COIN-OPERATED MACHINES 5 73.PROPERTY STOLEN STOLEN STOLEN T CURRENCY,NOTES $ TV.STEREO,ETC. $ CONSUMABLE GOODS S R TYPES JEWELRY $ FIREARMS 5 LIVESTOCK 5 8 CLOTHING,FURS 3 HOUSEHOLD GOODS $ OTHER MISC. S T VALUES OFFICE EQUIPMENT S TOTAL 30.00 S 0 IDENTIFIABLE PROPERTY TAKEN 0 ENTERED INTO NCIC 74.DOMESTIC VIOLENCE: INJURIES? 0 NONE 0 MINOR 0 MAJOR WEAPONS? C YES 0 NO 75.PEACE OFFICER ASSAULTED OR ARSON? 0 YES (IF YES.COMPLETE BOXES 1,2,3.4 AND 34 OR 35 ON CR-4 FORM) 76,SYNOPSIS • The victims are security guards assigned to work at the incident location. During the course of their shift,a'mosh pit" broke out in the business and they were called upon by the business owner to control it. As they attempted to control It,they came acrosallee who 5 resisted their efforts to subdue him as he was part of the pit. egg attempted to strike the victims and he was tazed. t Jumped Y off the stage and Into the victims as she samisen struggling with them. She was also tazed. N 0 P 5 5 ABS RM STAACAN 77.REPORTING OFFICER 78.EMPLOYEE P 79.DATE 80.REVIEWED BY DATE 81.ROUTING IMFORMATION A.Cervantes D5272 103109 •_.4 r csom //- 9 _Q / 0 SUBMIT TO D/A ❑IMMEDIATE FOLLOW VP D OTHER: 82.IS REPORTING OFFICER PC 115 QUALIFIED? IS YES 0 NO 163.GANG RELATED? 0 YES la NO • B-39 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORT AREA CA 03600 Page 1 059 WDE SECTION CRIME CLASSIFICATION PC 242 Battery Misdemeanor VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ASSIGNMENT/ARRIVAL: On Saturday, 103109, I was assigned to work uniformed patrol in the city of Rancho Cucamonga. My designated call sign was 11 P34 and I drove a marked patrol unit. At approximately 0159 hours I arrived at 12809 Foothill Blvd. for the report of a battery and made contact with the victims. VICTIM 1 STATEMENT: Selar al is a security officer employed withernailliner assigned to work at the Beer Mug establishment on the night of the incident. The following is a summary of his statements: an was attempting to control subjects in a mosh pit when suspect anallat jumped off the stage into him. 1.111011.1 started swinging at al and he stepped back to avoid from being hit. attempted to detain her, but she struggled and resisted his efforts. She was tazed, but he is not sure by whom. After she was tased, he was able to detain and cuff her. • •VICTIM 2 STATEMENT: — is a security officer employed with assigned to work at the Beer Mug establishment on the night of the incident. The following is a summary of his statements: Eng and Ilinwere called into the bar by the owner because a mosh pit was occurring. They entered the bar an_ d spread out to see the activity. amp observed suspects throwing elbows in the mosh pit. _and a bouncer attempted to detain Mr but he resisted by ducking down and swinging his elbows at them. NM grabbed int ri ht wrist and attempted to escort him to the ground. !continued to resist him and was tazed. still did not have control ofd and he continued to resist the security officers' efforts to detain him and was tazed again. At that point MI complied. —was in the process of detaining.=when RS landed on top of him, hitting him in the head. —fell onto the ground. Officer's attempted to detain her and she resisted. She was tazed for her non-compliance. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. Cervantes - 103109 D5272 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII - ❑ Other •15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol B40 • • • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORT AREA CA 03600 Page 2 059 CODE SECTION CRIME CLASSIFICATION PC 242 Battery Misdemeanor VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE WITNESS STATEMENT: i is a security officer employed with, , assigned to work at the Beer Mug establishment on the night of the incident. The o owing Is a summary of his statements: gal entered the bar and observed that two of his officers were fighting to gain control of-.He was warned twice by my to stop resisting or he would be tazed. !said, "Fuck you" tom. and continued to resist; tazed him in the back. ! continued to resist after being tazed once, he was pull his arms into his body away from the security officers. Murillo tazed him again on his right side. At that point the officers were able to get control of a and cuff him. Afters was tazed the second time,-jumped off the stage ontoafe back, hitting him in the head. She fell to the ground. Officers attempted to detain her as well and she resisted. She was tazed also in the right thigh. SUSPECT 1 STATEMENT: • I asked Illiewhat happened. •He said the following: • • Tonight I was watching the band here at Beer Hunter/sports pub grill and I was just dancing to the music and out of nowhere I started getting tazed by the security staff inside this place. I got no warning, They did not tell me "no moshing", or "no dancing", they just started tazing me. They gave me no kind of warning, I came out and I had officers arrest me. I have no idea why, I mean I was just dancing. I paid to come here and have a good time, I'm not trying to disrupt the community or nothing. Security really tazed me and my girlfriend for no reason. I have cuts and scars from the tazers. They could have just warned me and told me "no dancing" or something, I would have just left or stopped dancing, but they didn't do that. They just tackled me and started tazing me. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. Cervantes 103109 _ D5272 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15.15184<D1 Rev. 1/83 ❑ Dist./qty. ❑ Patrol • B-41 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORT AREA CA 03600 Page 3 059 DE SECTION CRIME CLASSIFICATION C 242 Battery Misdemeanor VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • SUSPECT 2 STATEMENT: nal I asked what happened. She said, "First thing I remember is that I was on the stage with the band. The reason why I got on the stage is because of him, my boyfriend, and a couple of other guys were moshing and I didn't want to get hit. So I got on the stage so I wouldn't get hit. The next thing I know, I turn around and he's on the floor with like three guys on top of him." I asked her if•she saw him get knocked down, she said, "no, I didn't, I just saw the three guys on top of him." I asked her if she saw who the guys were. She said, "they were security guys and were all wearing black. They were on top of him. I jumped off the stage, and right when I jumped off the stage I got tazed." I asked her if she landed on any of the officers accidentally. She said, "I don't' remember landing on anybody. I heard one of the guys saying that I hit him; I did not hit him." I ask her if she landed on her feet or if she fell. She said, "I landed on my feet. I got tazed, then I was on the floor and I couldn't move because I was getting tazed. And so I was laying there and I felt it go away, like they stopped tasing me." I asked her where she got tazed at. She said, "on my back, and then it went away like they stopped tazing me, and then they tazed me again in my back in pretty much the same spot. I couldn't move and then all of a sudden I felt like I was being dragged outside. I don't really � emember being handcuffed, but the next thing I know I have handcuffs on me. And whoever was iandcuffing me pulled my are so hard that now my shoulder hurts. I wasn't trying to resist him or anything. He was pretty much telling me "shut the fuck up or whatever". I don't remember even talking." I asked her when she was getting cuffed if she remembered struggling at all, maybe not knowing who was trying to grab her. She said, "no, I knew it was someone that obviously because I was being tazed it was an authority figure. So I wasn't trying to resist." PRIVATE PERSON ARREST: • The victims desired to press charges against the suspects for battery and signed a Private Persons Order of Arrest form against them • REPORTING OFFICER - DATE REVIEWED BY TYPED BY ROUTED BY DATE A. Cervantes 103109 D5272 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other .84-401 Rev. 1/83 0 Dist.Ally. ❑ Petrol B 42 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913220 CALIFORNIA REPORT AREA CA 03600 Page 4 059 • CODE SECTION CRIME CLASSIFICATION PC 242 Battery Misdemeanor VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ARREST: I took the sus ects into my custod dvised them they were under arrest for PC 242, battery. I issued citation which he signed in my presence and released him in the field. I issued Sheriffs citatiorlich she signed in my presence and I released her in the field. PHOTOGRAPHS: I took numerous digital photographs, perilla request, of markings to his back from being tazed. These photographs were'downloaded to the DIMS computer system at the Rancho Cucamonga Police Station. INJURIES: The victims stated the received no injuries as a result of the battery. • DISPOSITION; Case cleared by arrest, forward to District Attorney's office for complaint and filing. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. Cervantes 103109 D5272 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol - • • B 43 • . V 15-105121Rw.w92(ORI) 1.ODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER-STATION SHERIFFS DEPARTMENT ❑ N PC 6641187 ATTEMPT MURDER 111000872 COUNTY OF SAN BERNARDINO,CA O Olts UNIFORM CRIME REPORT 4 ASSIGNED MO-DAY-YEAR TIME 5.ARRNED MO-DAY-YEAR THE 6.BEAT T.REPORT DIST. 140004 01!23!2010 02:17 I 01/23/2010 02:17 11 II B.OCCURRED DAY-OF�WEEIVMODAY-YEARmME 9 REPORTED MO-DAY.YEAR TIME 110,LOCATION OF OCCURRENCE CITY SAT 01/23/2010 02:17 01/2312010 02:17 1 CONFIDENTIAL,RANCHO CUCAMONGA CODES FOR BOXES 12&22 ARE: V • VICTIM W • WITNESS RP = REPORTING PARTY DC • DISCOVERED CRIME IP • INVOLVED PARTY ✓ II;NAME:LAST,FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CRY-ZIP 114.RESIDENCE PHONE I C V T M15.OCCUPATION r16.RACESEX 17.AGE ICI.DOB MD-YR 19.BUSINESS ADDRESS-STREET-CGY-ZIP 20.BUSINESS PHONE W21.NAME:LAST FIRST,MIDDLE(FIRM NAME IF BUSINESS) 122. 123.RESIDENCE ADDRESSSTREET-CITY-ZIP 1.RESIDENCE PHONE T ` 1N s• 25.OCCUPATION 26.RACE/SEX 127.AGE r.-608 M.D.YR 29.BUSINESS ADDRESS-STREET-CITY.21P ' ' . 130.BUSINESS PHONE I 31.SUSPECT NO.1 LAST,FIRST MIDDLE 32.RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR (37.EYES 38.DOB M.D.Y 39.ARRESTE0I40.INTERVIEWED UM - - 1 IN O YES E NOI❑YES ©NO U• 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS $ UNKNOWN, , LARGE BLACK FRAME GLASSES E43.SUSPECT NO.2 LAST,FIRST MIDDLE RACE/SEX 145.AGE 46.HEIGHT 47.WEIGHT 48.HAIR 49.EYES 50.DOB M-D-Y 51.ARRESTED 52.INTERVIEWED C 7 YES ❑ NO ❑YES CO NO T • 53.RESIDENCE ADDRESS-STREET-CITY.ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS - • 55.CHECK IF MORE NAMES IN CONTINUATION OYES ONO 58.ADDmONAL INFORMATION OVICTIM IBWITNESS r'OFFICER ❑OTHER 157.PHYSICAL EVIDENCE RECOVERED OYES CI NO 5$.PHOTOGRAPHS TAKEN GI YES 0 N 59.LATENT PRINTS LIFTED ❑YES OND N CU VEHICLE 61.COLOR 82.YR. Gi.MAKE 64 MODEL ..BODY E�66.LICENSE 57.STATE EB.OAIMGEIOOOIIYIACCESSORtES V. al s 5 69.ROBBERY WEAPON: ❑ FIREARM ❑OTHER DANGEROUS WEAPON LOCATION:❑HIGHWAY ❑OTHER BUSINESS ❑SERV.STATION CUTTING INSTRUMENT ❑STRONG ARM ❑CONVENIENCE STORE RESIDENCE ❑BANK ❑MISC. 70.ASSAULTS WEAPON: 0 FIREARM © KNIFEICUTTIND INSTRUMENT ❑ OTHER DANGEROUS WEAPON _❑HANDS/FEET ❑SIMPLE/NO INJURY R 71.BURGLARY t.7 NIGHT ❑DAY 0 FORCIBLE ENTRY ❑ ENTRY-ND FORCE 0 RESIDENCE ❑VEHICLE M __ ❑ UNKNOWN I ❑ATTEMPT BY FORCE I_ 0 NONRESIDENCE(BUILDING) _ E 72.LARCENY ❑ PICKPOCET ❑ SHOPLIFT ❑ MOTOR VEHICLE PARTS ❑ FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH ❑ FROM MOTOR VEHICLE ❑ BICYCLES ❑FROM COIN-OPERATED MACHINES ❑ ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES $ TV,STEREO,ETC. S _ CONSLAOMSLE GOODS S____ S S JEWELRY S_ FIREARMS $ _ LIVESTOCK S ___ T VALUES CLOTHING,FURS S HOUSEHOLD GOODS S OTHER MSC. S_ ___ A _ T OFFICE EQUIPMENT 1 0 IDENTIFIABLE PROPERTY TAKEN O NCIC ENTRY COMPLETED TOTAL S S 74.DOMESTIC VIOLENCE INJURIES C NONE 0 MINOR ----0---MAJOR. WEAPONS: 0 YES ❑ NO . 75.PEACE OFFICER ASSAULTED/ARSON C YES IF YES.COMPLETE BOXES 1.2.3,4.AND 34 OR 35 ON CR-4 FORM. 76 SYNOPSIS On 01/23/10, victim#1 was urinating in the parking lot next to a white SUV.A subject approached and an argument broke out between the two subjects s over the victim urinating next to his vehicle.A fight broke out between both subjects and friends from both subjects.The fight ended and two subjects Y were stabbed and two were subjects assaulted with fists subject that stared the fight was described as a Hispanic male adult tall thin build with o large black frame glasses,fled the scene in a The license plate was obtained by witness at the scene.Two subjects were treated and P transported to ARMC for medical treatment.Detec ves were called to the scene and conducted follow up interviews with several witnesses and for s further investigation of the crime. s 77.REPORTING OFFICER 7B.EMP.p 9.DATE BO R: 4:Y OAT iUI.R ED TO M. MASON I C8781 01/23/2010 _ _\ 4T ' `O SUBMIT TO DIA ❑OTHER •82.REPORTING OFFICER I IMMEDIATE FOLLOW VP• IS 115 QUALIFIED 0 YES CND B-44 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION • PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE CASE SUMMARY: On 01/23/10, Victim #1_, was standing outside of the Beer Mug in the city of Rancho Cucamonga. He was standing next to a white SUV vehicle and was urinating. While he was urinating, a subject approached him. The subject was described as a Hispanic male, wearing black framed glasses. He had a tall thin build and a buzzed haircut. The subject askedr "What are you doing? Is it alright if I piss on your car?"_ stated "Yeah go ahead" and pointed to his car parked right next to the white SUV. Words were exchanged betweeral and the Hispanic male and a fight ensued. During the fight, several subjects from both parties began to have an altercation. The Hispanic male's girlfriend approached a blue car and began to yell at several females inside. She was callin them out saying "What? You think you're better than us?" The fight continued andgm friend attempted to join the fight. The fight moved away from the SUV. Subjects from both parties continued to fight while bouncers from the location attempted to break it up. Several subjects began saying they were going to call the police. • The subjects that approached got into a white SUV and into several other vehicles. The other vehicles were described as a Toyota Corolla and another of an unknown make/model. The vehicles all fled the scene. Prior to the vehicles leaving the scene,—noticed he had been stabbed in the back and was bleeding. ,Victim #2 a), was also stabbed in the back. Victim #3 a said she was punched by an unknown male and Victim #4 was also assaulted with a fist by an unknown male. Deputies arrived on scene after the subjects left the location. They observed walking around with a large amount of blood coming from the back of his body. Deputies requested medical aid to respond to the location. They rendered first aid until Rancho Cucamonga Fire arrived on scene. Rancho Cucamonga Fire arrived on scene and treated_and MM. They were transported to Arrowhea Re tonal Medical Center by ambulance for further treatment. The condition of and was unknown at the time of this report. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON- #C8781 02/02/10 GM-67568 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184.401 Rev. 1/83 ❑'Dist.Atty. ❑ Patrol _ • B 45 • CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 2 itSECTION CRIME CLASSIFICATION 45 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) • ADDRESS RESIDENCE PHONE CASE SUMMARY (CONTINUED): A license plate number was obtained for the white SUV. The license plate number was _. It came back registered to a white 1997 Ford Explorer. After the victims were transported to the Arrowhead Regional Medical Center, deputies contacted detectives. Detectives responded to the scene and began conducting witness interviews. They began searching the scene for any evidence and possible contact of involved parties or suspects. The injuries to both= and were puncture wounds to their middle upper back area. They were caused by an unknown type cutting instrument. At the time of this report, there was no further information regarding the suspects. For additional information refer to Detective Dupper and Detective Parkison's supplemental reports. Photographs were taken of the scene and of the victims. They were placed into the DIMS system at the Rancho Cucamonga station. •ASSIGNMENT/ARRIVAL: On 01/23/10, I was assigned to routine patrol in the city of Rancho Cucamonga. I was dressed in a standard class A uniform and was driving a Sheriff's marked patrol unit. At approximately 0217 hours; I was dispatched to Foothill Boulevard and the 1-15 freeway in reference to a reporting party stating there was a fight at the location and an unknown person was stabbed. The reporting party was stating the fight was near the Beer Mug. Deputies arrived on scene and saw several subjects standing in the parking lot. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON-#C8781 02/02/10 GM-87568 t FURTHER ACTION: REMARKS COPIES TO: 0 Other ❑ SD/PD 0 YES 0 NO 0 Detective ❑ CII ❑ Other -15104-401 Rev. 1/03 U Disl.Any. ❑ Petrol • B-46 CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 3 CODE SECTION CRIME CLASSIFICATION • PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VICTIM CONTACT/ SCENE: After arriving on scene, I saw several subjects standing in the parking lot. I observed a white male walking towards me with a large amount of blood on his clothes. He was staggering. I . immediately exited my vehicle and was approached by a female. The'female said she saw everything and had license plate numbers. I asked her to stand by my unit and I provided medical aid to the subject that was stabbed. The white male was later identified a While treating I was able to obtain a brief statement of what happened. The following is a summary of our conversation. an said he was urinating near a white SUV and a Hispanic male approached him. They exchanged words over him urinating near the Hispanic male's vehicle. A fight ensued and subjects from both parties joined the fight. After the fight was over,Illatood up and felt a pain in his back. He realized he had possibly been stabbed. described the subject as a Hispanic male wearing black framed glasses. He had no further description of the subject. • Medical aid arrived on scene and treated He was transported to Arrowhead Regional • Medical Center. That concluded my contact with him, While I provided medical aid to I was approached by a subject. The subjecting. a, said he was also stabbed. He had a small puncture wound to the center of his back. Rancho Cucamonga Fire arrived on scene and treated for his injuries. He was interviewed by Deputy McCloud. Refer to his supplemental report for, further information. Several deputies from the Sheriff's Department arrived on scene. Deputy J. Aguirre made contact with the female who stated she had seen everything. He conducted an interview with her. Deputies were given a license plate number of The vehicle came back registered to a whitaan address on in the city of Bloomington. Two other subjects approached deputies and said they were assaulted during the fight. REPORTING OFFICER DATE REVIEWED BY TYPED BY I ROUTED BY I DATE M. MASON-#C8781 02/02/10 GM-B7568 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15.15154-401 Rev. 1/B3 ❑ DIsl.Ally. ❑ Petrol • B-47 CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 4 'DE SECTION CRIME CLASSIFICATION C 295 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE CRIME SCENE: The crime scene was a parking lot that had several cars parked facing east and west in a north/south parking lot direction. was walking from south to north approaching deputies. -'as sitting on a concrete planter near several parked vehicles. and victim #4 were standing iii the parking lot area. There was blood located at the scene on_ Dodge vehicle. There was no other evidence or any weapons located at the scene. Photographs taken at the scene are attached to this report. BOLO: After obtaining the license plate number for the involved vehicle, a BOLO was issued to surrounding agencies for the white SUV. VICTIM #1 INTERVIEW: was transported to the hospital and a secondary interview was not conducted at the time of this report. VICTIM #2 INTERVIEW: as also transported to the hospital and a secondary interview was not conducted at the time of this report. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON-#C8751 02/02/10 GM-67568 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other .15184.401 Rev, 1/53 Dist.Any. ❑ Patrol B-48 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 5 • CODE SECTION CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS - RESIDENCE PHONE VICTIM #3 INTERVIEW: I met and spoke wit...Bat the incident location and the following is a summary of her statement. ea said they were leaving the Beer Mug. She saidelliwas urinating near a white SUV. A Hispanic male approached him and said "Are you pissing on my car?" She described the male as being tall and skinny. She said he had thick black framed glasses and short hair. A Hispanic female adult was with him buta✓1/as unable to describe her. _ saidinand the Hispanic male began exchanging words. She said the Hispanic female also began yelling. Friends from both parties began to circle and find out what was going on and a fight broke out. During the fight, an unknown male punched...1110 the left side of her face, • . had no visible injuries to her face at the time of my contact. She said the fight broke up for unknown reasons. After the figaw blood oe She then saw all the other subjects get into a white SUV and another unknown make/model car and flee the scene. She thinks the owner of the white SUV was the one who punched her in the face.iad no further information and I concluded my interview with her. VICTIM #4 INTERVIEW: Victim #4 was interviewed by Deputy J. Aguirre at the scene. Refer to his supplemental report for further information. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MASON-#C8781 02/02/10 GM-87568 FURTHER ACTION: REMARKS COPIES TO ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1B3 ❑ D,SI.Atly. ❑ Petrol • B-49 CASE NO. . SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 6 413DE SECTION CRIME CLASSIFICATION 0 295 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE WITNESS #1 INTERVIEW: I spoke with-at the incident location and the following is a summary of his statement. said he saw a large group as he walking out of the Beer Mug. He heard a popping sound and began to walk to his car. He said it was a large fight. He didn't think the popping sounds were gunshots. 111111. said it sounded as if someone was being thrown into a car. He continued to walk to his car and called 911 . He told the operator there was a fight. He said he didn't see anyone get stabbed and didn't see anyone break or hit a car. didn't see any subjects and could not identify anyone. WITNESS #2 INTERVIEW: Oa I spoke with at the incident location and the following is a summary of his statement. said he is a doorman for the Beer Mug. He said all the involved parties were inside the bar. He said they all left said a large grouped was very hyped up and he wouldn't be surprised if they were the ones who were involved in the fight. _was working the door and heard about a large fight in the parking lot. He walked outside and saw the fight. is said he saw more then a couple of guys by a silver Dodge. The Dodge had a license plate number of REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MASON-#C8781 02/02/10 GM-87568 FURTHER ACTION: REMARKS COPIES TO: 11 Other ❑ SD/PD 0 YES ❑ NO ❑ Detective Li CII ❑ Other -15184-401 Rev. 1/33 D Dist Ally. 11 Patrol B-50 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 7 • CODE SECTION CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE WITNESS #2 INTERVIEW (CONTINUED): attem ted to break up the fight. He grabbed onto a male he was able to identify as He said Junior is a regular at the bar and is a semi-pro baseball player. grabbed _ and pulled him away from the fight. After he pulled Junior away, all the subjects began to leave. As INIR walked back to the business he learned a subject was stabbed. He attempted to provide medical aid until deputies arrived on scene. said he could not recognize anyone else involved in the fight. This concluded my interview with • WITNESS #3 INTERVIEW: I spoke with-it the incident location and the following is a summary of his statement. said he was at the Beer Mug that night butiaid he didn't see or hear anything. He said • he only saw police and fire on scene. I concluded my interview with him. WITNESS #4 INTERVIEW: I spoke with SS at the incident location and the following is a summary of her statement. I asked Me if she knew what happened. ani said she was inside the bar and found out about the incident after it happened. One of her friends went and told her but she could not remember who it was. She did not know or see anything that happened and said she only knew her brother had been stabbed. This concluded my interview with her. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON-#C8781 02/02/10 GM-B7568 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS er ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑Other 1515184401 Rev. 1/83 ❑ Dist.Atty. Petrol • • B-51 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000872 CALIFORNIA REPORT AREA CA 03600 Page 8 ODE SECTION CRIME CLASSIFICATION PC 245 ASSAULT WITH A DEADLY WEAPON FELONY LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INJURIES: sustained a full thickness laceration to the middle of his upper back. afillar received a full thickness laceration caused by an unknown cutting instrument to the middle of his back. was punched in her face and had minor redness. She had no other visible injuries. Refer to Deputy J. Aguirre's supplemental report for information on victim #4's injuries. ADDITIONAL INFORMATION OFFICER: After the initial incident, deputies arrived on scene and the victims were transported to the hospital. Detective Dupper and Detective Parkison arrived on scene and took over the investigation. . There was no evidence located at the scene. Photographs were taken and are attached to this report. For additional follow up refer to the attached supplemental reports. •DISPOSITION: Case to date. Forward to detectives for follow up. • • • • REPORTING OFFICER . ,. DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MASON-4C8781 02/02/10 GM-B7566 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 05184.401 Rev. 1183 ❑ Dist.Any. ❑ Petrol • B-52 • • • 16-10603-Rev.692(CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER-STATION ° F PC 245 ASSAULT WITH A DEADLY WEAPON SHERIFF'S DEPARTMENT ❑ M 111003461 COUNTY OF SAN BERNARDINO,CA ❑ Other UNIFORM CRIME REPORT 4.ASSIGNED MO-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT 7.REPORT DIST. 360000 03/26/2010 00:43 03/26/2010 00:44 04 RC002 is8.OCCURRED DAY-OF-WEEK/MO-DAY-YEARRIME 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CRY FRI 03/26/2010 00:41 03/26/2010 00:42 12809 FOOTHILL BLVD,RANCHO CUCAMONGA CODES FOR BOXES 126 22 ARE: V = VICTIM W = WRNESS RP = REPORTING PARTY DC = DISCOVERED CRIME P = INVOLVED PARTY ✓ 11.NAME:LAST,FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE Ta! V CONFIDENTIAL M15.OCCUPATION 16.RACE/SEX 17.AGE 18.DOB M-D-YR 19.BUSINESS ADDRESS-STREET-CITY-ZIP 20.BUSINESS PHONE W 21.NAME:LAST FIRST.MIDDLE(FIRM NAME IF BUSINESS) 22. 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE N _ a V CONFIDENTIAL S 25.OCCUPATION 26.RACE/SEX 27,AGE 28.DOB M-D-YR 29.BUSINESS ADDRESS•STREET-CITY-ZIP 30.BUSINESS PHONE S 31.SUSPECT NO.1 LAST,FIRST MIDDLE 32.RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37.EYES 38.DOB�MD-Y 39.ARRESTED 40.INTERVIEWED ' ea .II. • a a a YES ❑ NO 0 YES ❑NO 5 U 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S eilliginallaallel E 43.SUSPECT NO.2 LAST,FIRST MIDDLE 44,RACE/SEX 45.AGE 46,HEIGHT 47.WEIGHT 48.HAIR 49.EYES 50.DOB M-D-Y 51.ARRESTED 52.INTERVIEWED • C YES ❑ NO El YES ❑NO T S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS rWcHecKOF'mona NAMesmccoNTJN mior ssatf i❑NOer .iNfalita-S'Y_.ADDFTIONALINEORMATIDNa©YIcniN ?QVJRNESsflalOFFJCEaianDTHEB ) SZ.PHY$ICAL ELIUENCERECOYEREDS NO ram-a58'-PFIOTOGRAPHS7A7CEN 3a4YE$"C"aawitaO' .aSB>IATENrFRINPSLttE--t 'iOYESnr'�NO+ ZVEHICLE,.-1161iCOLOR> t62wR, . 63AMA a-- 64T3 ODEL 65=BODYTA'PE:r6831'10ENSE 87STTTE-S 68YDAMAGE70DDTyfADCESORIES`-y' •`� ?-, At,°."'$yo 69.ROBBERY WEAPON: ❑FIREARM ❑OTHER DANGEROUS WEAPON LOCATION:❑HIGHWAY ❑OTHER BUSINESS ❑SERV.STATION. ❑ CUTTING INSTRUMENT ❑STRONG ARM ❑CONVENIENCE STORE ❑RESIDENCE ❑BANK ❑MISC. C 70,ASSAULTS WEAPON: ❑FIREARM ❑ KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON 0 HANDS/FEET ❑SIMPLE/NO INJURY R 71.BURGLARY ❑ NIGHT ❑DAY ❑ FORCIBLE ENTRY ❑ ENTRY-NO FORCE ❑RESIDENCE ❑VEHICLE M ❑UNKNOWN _ ❑ATTEMPT BY FORCE ❑NON-RESIDENCEIBUILDING) E 72.LARCENY ❑ PICKPOCET ❑ SHOPLIFT ❑ MOTOR VEHICLE PARTS ❑ FROM BLDG:NOT SHOPLIFT OR MACHINES ❑ PURSE-SNATCH ❑ FROM MOTOR VEHICLE 0 BICYCLES ❑FROM COIN-OPERATED MACHINES ❑ ALL OTHERS 73:PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY.NOTES $ TV,STEREO,ETC. $ CONSUMMABLE GOODS $ S & JEWELRY $ FIREARMS $ LIVESTOCK $ T VALUES CLOTHING,FURS $ HOUSEHOLD GOODS $ OTHER MISC. $ A T OFFICE EQUIPMENT $ ❑ IDENTIFIABLE PROPERTY TAKEN 0 NCIC ENTRY COMPLETED TOTAL $ S 74.DOMESTIC VIOLENCE INJURIES ❑NONE ❑ MINOR ❑MAJOR WEAPONS: ❑YES ❑ NO 75.PEACE OFFICER ASSAULTED/ARSON ❑YES IF YES.COMPLETE BOXES 1,2.3,4,AND 34 OR 35 ON CR-4 FORM. 76.SYNOPSIS • On the above date and time Deputies responded to the Beer Mug in reference to a disturbance. Upon contact and further investigation with the s involved parties, it was found two employees were assaulted by six individuals whom were at the location.The victims were attempting to escort the ✓ individuals out when the confrontation turned physical. During the confrontation both victims were peppered sprayed by one of the individuals whom N was a female.The other individuals whom were four males began to kick and punch the victims while they were on the ground.All the suspects were P seen leaving in The suspects were described as four younger HMA's and two HFA's.The suspect's did not leave a credit card at s the location.A license p a e n by a witness for possible suspect leads.Will conduct a follow up investigation for possible suspect identification. s Victim's received bruising to face and hands.They were treated by paramedics on scene. Photographs taken of victim injuries. 77.REPORTING OFFICER 78.EMP.# 79.DATE 80.REVIEWED BY DATE 81.ROUTED TO_... r J AGUIRRE D4317 03/26/2010 ❑SUBMIT TO D/A ❑OTHER • 82.REPORTING OFFICER ❑IMMEDIATE FOLLOW UP IS 115 OUALIFIED D YES ❑ND B-53 6---) 0 / CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 1 • SECTION CRIME CLASSIFICATION 45 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ral- ASSIGNMENT/ ARRIVAL • On,tri,,lay, March 26, 2010 I was assigned as 11P14 in the city of Rancho Cucamonga from 2100 hours to 0700 hours. At approximately 0043 hours I was dispatched to the Beer Mug located at 12809 Foothill Boulevard in reference to a man down. I arrived on scene at approximately 0044 hours. • . SCENE As I was arriving on scene I saw several subjects surrounding one white male subject who was lying on the ground. The subjects at the location advised me the subject who was on the ground was an employee of the Beer Mug and had just been assaulted by several other people. VICTIM #1 INTERVIEW Ma MOM advised me he is the property manager of the Beer Mug at the location. He stated was inside the location when he saw a group consisting of four Hispanic males and two Hispanic males becoming rowdy inside the bar area due to the level of their intoxication. Instated he proceeded to confront the subject's with one of his security guards in an attempt to escort them out of the premises. APE stated he was escorting the subjects out of the premises and was able to walk them out of the front doors. While escorting the subjects out of the front door they began to curse at grand his security guard. Ile then was attempting to get the subjects into the parking lot area when he all of a sudden felt someone hit him with a fist on his upper body area. 11111E stated he then saw one of the Hispanic females who were with the group pull out pepper spray and start spraying him and his security guard. at was unable to see and fell down to the floor trying to cover his eyes. stated he was then kicked and punched repeatedly while he was on the floor, especially in his head area. Instated he doesn't remember how long the assault was taking place for but stated he heard other people yelling that the subjects were getting away. 1111111r was unable to see for the next few minutes and stated the last thing he remembered were the paramedics coming to help him out. I asked_ if he would be able to positively identify the subjects from the assault and he stated he was not sure but he would try. rllerdidn't have any further information therefore I concluded the interview. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE, J. D4317 3/30/10 F1516 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD S ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol B-54 CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION CRIME CLASSIFICATION • PC 245 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VICTIM #2 INTERVIEW -advised me he is one of the security guards at the incident location and was advised by I.that they were going to escort a group of several subjects out of the premises. r stated he was asking the group of subjects to leave until they got to the parking lot area, but then saw that they began to curse at him and le S stated he doesn't remember seeing T get hit with a punch, but does remember when a girl pulled out the pepper spray and started spraying everyone. S stated he was able to see a little bit but was unable to get a clear picture of the subjects because they were also assaulting him. S stated he punched some of the subjects back in self defense but was unable to get any further description due to the fact that he.kept getting assaulted from behind. J stated he was then unable to see because of the pepper spray and went back inside the location to try to rinse off. I asked 1111111Serif he would be able to positively identify the subjects who committed the assault and he stated yes. SUSPECT DESCRIPTIONS • • The suspects were described as four Hispanic male adults and two Hispanic female adults. The Hispanic male adult #1 was described as having spiked hair, dark complexion and wearing dark blue Dickey pants. The Hispanic male adult #2 was described as having a white t-shirt and a piercing on his lip. The Hispanic male adult #3 was described as having a black baseball cap and wearing a white t-shirt. Neither of the victims was able to give a description on the Hispanic male adult #4. The first Hispanic female was described as being petite with blonde hair. The second Hispanic female was described as being heavy set with reddish color hair. All of the subjects were described as being in their early to mid 20's. The Hispanic female with the blonde hair was described as the one who used the pepper spray. VICTIMS INJURIES The victims received bruises and lacerations to the forehead and hand area. They were rendered medical aid by the paramedics on scene. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE, J. D4317 3/30/10 F1516 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • B-55 CASE NO. _ SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 3 SECTION CRIME CLASSIFICATION 45 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • WITNESS INTERVIEW Saiaglafeagge SP advised me he walked out of the bar area when he saw a fight going on. - stated when he walked out he saw Wand the security guard on the ground getting jumped by a group of several individuals. et stated he does not remember what they were wearing other then they were all Hispanic, but does remember that all of them ran into a red Toyota Corolla and left eastbound in the parking lot from the location. - was able to get a license plate on the vehicle which was S. MIS did not have any more comments for the interview therefore the interview was concluded. AREA CHECK An area check was conducted for the red Toyota Corolla, but deputies were unable to locate it in the area. Deputies also checked inside the business to see if the suspects left a credit card but none was left behind. illANGE OF LOCATION I ran the vehicle and it came back to a red Toyota Corolla at elet 41111111¢ in the city of Fontana. I went to that location in an attempt to conduct a follow-up. While arriving at the location in Fontana I made contact with the parents of the person who drives the red Toyota Corolla. The parents advised me their son was driving that vehicle earlier in the night and he recently went inside to his room. The parents stated it was their house and they allowed me to go inside of the residence in order to conduct an interview with their son who was driving the vehicle. SUSPECT #1 IDENTIFICATION / RECORD'S CHECK The suspect who was driving the red Toyota Corolla was identified by a valid California driver's license asillibvee date of birth lie. I ran a record's check on wand it showed he had prior law enforcement contacts for driving under the influence of alcohol. I askedSif he knew why I was at his location interviewing him and he stated "I think I know why, it is because of the incident that happened at the Beer Mug". I asked 4.11.1a if he REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE,J. D4317 3/30/10 F1516 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ NO ❑ Detective ❑ CII ❑ Other • 15- 184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol B-56 CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 4 CODE SECTION CRIME CLASSIFICATION • PC 245 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE was at the location when the assault took place and he said yes. I asked SIN.what role he played in the assault and he stated he was at the location with friends who he knew from high school and they were just having a few drinks. SINIMINSID stated he remembers being kicked out of the bar area by and the security guard because his friends were being rowdy. stated MS was beginning to curse at them and tell them "Get out of my property, this is my place and you guys can not be here. Get the hell out of here". a stated his friends were highly intoxicated which probably led to them verbally cursing at 411111S stated he was walking to the front of his car when he all of a sudden saw MS grab and pull one of the female's hair and push her away in order to get her out of the premises. leistated his friends were upset and began to yell at SIR not to grab a female like that. 11111.1111111111stated he continued to walk forward to his car but knew there was probably going to be a fight with his friends and the bouncers because of the fact they pulled one of the girls hair. .stated he was walking towards his car when he all of a sudden heard several people yelling. He stated he turned around and saw his friends in a fight withS and the security guard. stated he never joined the fight and once people started yelling there was a • fight at the incident location and someone was going to call the police, all his friends ran to his vehicle. stated they jumped into his car and they drove around the corner to Food 4 Less to drop the two females and one of the Hispanic males off. I asked -what the names of his friends were and he became uncooperative, not willing • to tell me anything. I asked show many people left with him after he initially dropped the first people off around the corner from the Food 4 Less.and he stated the only people he took him after he dropped them off at Food 4 Less was his friend S who they call 'gyp" and his other friend who they call "SS. He stated he didn't know their first names. e stated he then droppedS AKA1ffilsOssy' and the other male '" at an unknown address in Fontana. estated he then came home and fell asleep. I advised.that he is going to be a suspect in a criminal investigation and he stated he knew but he knew the incident could not have been avoided. I was not placed in handcuffs while I conducted the interview. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE, J. D4317 3/30/10 F1516 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol B-57 • CASE NO, • SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111003461 CALIFORNIA REPORT AREA CA 03600 Page 5 SECTION CRIME CLASSIFICATION 245 ASSAULT WITH A DEADLY WEAPON I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE . PHONE EVIDENCE Photographs of the victims' injuries were taken. Photographs were also taken of which showed that he had no injuries and of the suspect vehicle. See attached form for details. The photographs were placed onto the DIMS system at the Rancho Cucamonga police station. I also checked for video surveillance of the premises from different businesses but none were available at the time. DISPOSITION Forward this case to the District Attorney's office for review and filing of complaint on the initial suspect. • • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE AGUIRRE,J. D4317 3/30/10 F1516' FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD es 0 NO ❑ Detective D at • ❑ Other 15-1510401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol B-58 • CASE NO, SHERIFF'S DEPARTMENT - . COUNTY OF SAN BERNARDINO 111003461 • CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION • PC.245 ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE SUPPLEMENTAL • ASSIGNMENT/ ARRIVAL On March 25, 2010 I was assigned to uniform patrol in the city of Rancho Cucamonga from 2100 hours to 0700 hours on March 26, 2010. At approximately 0043 hours I responded to the Beer Hunter located at 12809 Foothill Boulevard in reference to a male subject who was involved in a fight needing medical aid. I arrived on scene at approximately 0045 hours and made contact with several individuals along with the victim outside the Beer Hunter. Additional deputies arrived on scene and I assisted in the investigation in locating additional witnesses and victims. WITNESS INTERVIEW I interviewed' l at the scene and the following is a summary of her statement: • ! informed me she was walking from the parking lot towards the Beer Hunter when she saw several individuals running after a male subject. She stated she kept observations of the subjects and noticed approximately three male subjects jumped on one male and were punching and kicking him. In addition she stated a Hispanic female, approximately 5'04, 120 pounds with blonde hair came running up•and sprayed pepper spray at the individuals involved in the fight. stated after the female sprayed the pepper spray,all the subjects separated and jumped into a vehicle and fled the scene."flndescribed the male subjects involved in the altercation as being Hispanic males and stated they resembled gang members. 11111111Mstated she didn't believe she would be able to identify the male subjects involved in the fight but does believe she would be able to identify the female if she saw her again. 'lead no further information therefore I concluded the interview. • DISPOSITION Case to date. Forward a copy of this supplemental report to Deputy Aguirre's original report. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY - DATE PARKER, J. A5376 3/30/10 F1516 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol B-59 . 1ST 10603441 Ray.11/06 (CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER.STATION SHERIFFS DEPARTMENT 0 F MISC INC MISC INCIDENT 111005346 CDYNTY OF SAN BERNARDINO,CA 9 M UNIFORM CRIME REPORT 0 OTHER 4.ASSIGNMENT MO-DAY-YEAR-TIME 5.ARRNED IC-DAY-YEAR-TIME ' 6.BEAT 7.REPORT DIST. 03800 050810/0142 050810/0144 4 RC59 40 O.OCCURRED DAY OF WEEK MO-DAY-YEAR-TIME SAT/050810/0135 9.REPORTED MO-DAY-YEAR-TIME 10.LOCATION OF OCCURRENCE CITY 12809 FOOTHILL BLVD.050610/0141 RANCHO CUCAMONGA, CA CODES FOR BOXES 12622 ARE: V=VICTIM W•WRNESS RP=REPORTING PARTY DC•DISCOVERED CRIME IP•INVOLVED PARTY v 11.LAST,FIRST MIDDLE(FIRM IF A BUSINESS) 12. 13.RESIDENCE-ADDRESS-STREET-CITY-ZIP 14.RESIDENCE ATONE C T 15.OCCUPATION 18.RACE/SEX 17.AGE 18.DOB M-D-YR 19.BUSINESS ADDRESS STREET-CITY-ZIP I Z 20.BUSINESS PHONE M �D a ENE w 21.NAME MIDDLE (FIRM IF A BUSINE 22. 23.RESIDENCE ADORESS.STREETCITY.ZIP 24. DENCE PHONE T N E 25.OCCUPATION 26.RACE/SEX 27.AGE 28.DOB MD.YR 29.BUSINESS ADDRESS-STREET-CITY-ZIP 30.BUSINESS PHONE S _ S 31.SUSPECT NO.1 LAST.FIRST,MID E/SEX 35.WT. 36.HAIR 37.EYES 38.DOB 39.ARRESTED 43 INTERVIEW NONE 0 YES 0 NO 0 YES 0 NO S U 41.RESIDENCE-ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERSTICS S p E 43.SUSPECT NO 2 LAST.FIRST,MIDDLE 44.RACE/SEX 45.AGE 46.HT 47.WT 48.HAIR 49.EYES 50.DOB 51.ARRESTED 52.INTERVIEW C T DYES ❑NO ❑YES ONO S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERSTICS 55.CHECK IF MORE NAMES IN CONTINUATION O YES 0 NO 58.ADDITIONAL INFORMATION 0 VICTIM 0 WITNESS IS OFFICER 0 OTHER l N 57.PHYSICAL EVIDENCE RECOVERED 0 YES 0 NO 58.PHOTOGRAPHS TAKEN 0 YES 0 NO 59.LATENT PRINTS LIFTED OYES ONO ✓ O.VEHICLE 61.COLOR 82.YEAR 83.MAKE 64.MODEL 65.BODY TYPE 68.LIC. 87.STATE 68.DAMAGEID00I Y/ACCESSORIES 0 S 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION: 0 HIGHWAY 0 OTHER BUSINESS O SERV.STATION CUTTING INSTRUMENT 0 STRONG ARM ❑CONVENIENCE STORE ❑RESIDENCE ❑BANK ❑MISC. 70.ASSAULTS: WEAPON: D FIREARM ❑KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY R 71.BURGLARY 0 NIGHT 0 DAY - 0 FORCEIBLE ENTRY 0 ENTRY-NO FORCE ' 0 RESIDENCE 0 VEHICLE M 0 UNKNOWN 0 ATTEMPT BY FORCE 0 NON-RESIDENCE(BUILDING) E 72.LARCENY 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS S STOLEN T 73.PROPERTY STOLEN STOLEN A CURRENCY.NOTES 3 TV,STEREO,ETC. S CONSUMABLE GOODS S A TYPES JEWELRY $ 6 5 FIREARMS f LIVESTOCK S VALUES CLOTHING S HOUSEHOLD GOODS 5 OTHER MISC. $ OFFICE EQUIPMENT S TOTAL S 0 IDENTIFIABLE PROPERTY TAKEN 0 NC/C ENTRY COMPLETED 74.DOMESTIC VIOLENCE INJURIES: 0 NONE 0 MINOR 0 MAJOR WEAPONS: 0 YES 0 NO 75 PEACE OFFICER ASSAULTED/ARSON 0 YES. IF YES,COMPLETE BOXES 1.2.3,4 AND 34 OR 35 ON CR-9 FORM 76. SYNOPSIS On the above date and time deputies responded to a PC 242-Battery report call at 12809 Foothill Blvd. (Beer Hunter)The s Battery was unfounded through our investigation. It was found that the staff at the bar did not check the identifications of Y the two 19 year old males that were being served and consuming alcoholic beverages.One of the 19 year old males was oserved so much alcohol that he had to be carried out of the bar after falling numerous times inside the bar and causing p injuries to his face and shoulder. s S • • ARSRMS ITAT N‘t CAN • 77.REPORTING OFFICER 76.EMP E 79.DATE 80.Rr$W ED BY /J DATE 81.ROUTED TO D. KING I D6166 050810 •. /JD OSuBMnTE FO OTHER-- I/� ID IMMEDIATE FOLLOW-UP /(E • 82.REPORTING OFFICER IS 115 QUALIFIED 5 YES 0 NO 83.GANG RELIT EVES 181 NO B-60 • • CASE NO. • SHERIFF'S DEPARTMENT 111005346 County of San Bernardino • California REPORT AREA. 03600 RC59 CODE SECTION CRIME CLASSIFICATION MISC INC MISC INCIDENT OTHER VICTIM'S NAME - LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS URESIDENCE LJ BUSINESS PHONE • ASSIGNMENT/ARRIVAL: On Saturday 05/08/2010, I was assigned to work patrol functions in the incorporated city of Rancho Cucamonga as 11P14. I was in full uniform and driving a marked Sheriff's patrol vehicle. At approximately 0142 hours, I was dispatched to a PC 242 — Battery report call at the Beer Hunter Bar.At approximately 0144 hours, I arrived on scene. OBSERVATIONS/INVESTIGATION: When I arrived on scene I walked to the front door of the location and was met by two bouncers from the bar. Both men were standing in front of the entry doors as if they did not want to let me go inside. I asked them where the person was who got punched. They looked at each other then looked back at me and said,'We don't know what the fuck you're talking about". I told them not to play stupid with me. They said,'We don't know what you're talking about and chuckled". While talking to them I noticed a bag of ice and a bar towel lying on the ground near the front doors, the towel appeared to have a small amount of blood on it. I asked the bouncers what the ice and towel were for. They looked at each other again and • said,"We don't know". I walked inside the bar and was unable to find anyone who appeared to have been involved in a fight. I was contacted via the radio that Deputy Sousa found the subjects at their vehicle in the parking lot. I met with them there.When I arrived in the parking lot I observed three males. Two were standing next to a truck and the third was lying down face up in the back seat of the truck with blood all over his face and shoulder. I asked him for his name and identification. He was very intoxicated and unable to speak very well. I asked his two other friends for his name. His name is al While I was speaking tone of his friends coritacted—mother who came to the location. The Rancho Cucamonga Fire Department and AMR Ambulance Company were requested to check on the medical condition 11110While they were assessing his condition, one of the staff members and a bar tender came out to my location. Both of them deny having seen eithe aside the bar and stated they were 100%positive they were not served alcohol inside the bar.While speaking to e and the third male confirmed that all three of them came to the location in the same vehicle and entered the bar at the same Ime. stated they were all sitting at the same table and were being served alcoholic beverages and never once had their identifications checked to verify they were 21 years of age. REPORTING OFFICERS DATE REVIEWED BY TYPED BY ROUTED BY DATE D. KING/D6186 050810 REMARKS FURTHER ACTION: COPIES TO: ❑ SD/PD ❑ Other ❑ YES D NO ❑Detectives ❑ CII ❑ Other ❑Del.Atty. ❑ Petrol • 15-1584401 Rev.7/83 ICR2) Page 1 B-61 CASE NO.. • SHERIFF'S DEPARTMENT 111005346 County of San Bernardino • California REPORT AREA. 03600 • RC59 CODE SECTION CRIME CLASSIFICATION MISC INC MISC INCIDENT , OTHER VICTIMS FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS U RESIDENCE U BUSINESS PHONE OBSERVATIONS/INVESTIGATION: CONTINUED I asked them what happened Ica...Elvas the least intoxicated out of the two so I spoke mostly to hill old me, he noticed tha_was very intoxicated and fell down on his face inside the bar. The bouncers picked him up by his arms and carried him to the front door where he tell on his face and chest againatated he notice'as bleeding from his face and left shoulder. He was able to assi -D the lan ers at are just outside the front doors. aid, "One.of the bar tenders brought out a bag of ice and a towel f�He also told me the bouncers became aggressive in telling him that he needed to get his friend to the car and get him away from the b; d their best in carryin'the truck and were able to get him inside the truck. It is unknown where the allegations of eing punched came from.The PC 242-Battery was unfounded. . After being assessed by fire personne_was transported to San Antonio Community Hospital. •INJURIES: • Sustained lacerations to his left eybrow and scratches to his shoulders. It is unknown if he suffered any other internal injuries from falling and/or injuries from alcohol consumption. PHOTOGRAPHS: Digital photographs were taken and downloaded onto a CD and placed into evidence at the Rancho Cucamonga Station. Photographs will also be attached to this report. • • DISPOSITION: Cleared by exceptional means. Report taken for documentation purposes. • REPORTING OFFICERS DATE REVIEWED BY TYPED BY ROUTED BY DATE D. KING/D6186 050810 REMARKS FURTHER ACTION: COPIES TO: ❑ SD/PD ❑ Other YES n NO ❑Detectives ❑ CII ❑ Other • ❑Dist.Any. ❑ Patrol 5-1584401 Rev.7/831CR21 Page 2 - , B-62 • CASE NO. • ' SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111005346 CALIFORNIA REPORT AREA CA 03600 Page 1 • RC • CODE SECTION CRIME CLASSIFICATION Incident VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS • RESIDENCE PHONE Supplemental Report Assignment! Arrival: On 05/11/2010, I was assigned follow-u4 of an incident which occurred on 05/08/2010 at The Beer Mug (12809 Foothill BVLD). Witness Interview: SCEBBI, Shelly On 05/11/2010, at approximately 1020 hours, I spoke tialigat her place of employment On explained she is the mother of the victim,�. eer received a phone call from a friend of her so , said her son was at "the B Hunter" Aka Beer Mug and was hurt. was not a e location, but had herd the information from a friend who was with him. immediately drove to the restaurant and fount loaded into an ambulance. ollowed her son to San Antonio Medical Center where he was treated for the next 24 hours. Involved Party Interview • On 05/11/2010, at approximately 110 ours, spoke tt his residence- On Friday, May 7th, 2010 at approximately 2200 hours, nd three friends hand went to the Beer Mug 12809 Foothill BLVD. s the grou- urant t ey were in Ivl ua y asked for identifications,- presented his California driver's license, depicting he was 19 years of age. The door man looked at the identification's and allowed all four to enter. From approximately 2200 hours until about 0100 hours consumed multiple alcoholic beverages. As he estimated he consumed 6-10 shots of"Death" aka "Snowshoe's", this is a mixed alcohol drink containing a mixture of 1 1/2 oz 100-proof Wild Turkey Bourbon and 1 1/2 oz 100-proof Rumplemintz Peppermint Schnapps total of a 3 oz shot. In addition to these 6-10 shots, he also consumed one jagerbomb, a mixture ofJaegermister and Red Bull, and multiple glasses of New Castle beer. -pent approximately $80.00 on alcohol during this time. These drinks were primarily purchased from the bar with cash. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Clark B6735 05/11/10 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ C11 ❑ Other 1S-15184.401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • B-63 . CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111005346 CALIFORNIA REPORT AREA alk CA 03600 Page 2 ODE SECTION I CRIME I CLASSIFICATION RC Incident I VIC1IM'S NAME-LAST NAME :iRST NAME MIDDLE NAME ;FIRM NAME IF'BUSINESS. ADDRESS RESIDENCE ' °HONE. When asked about who served the drinksallinimmediately statedallierved me" referring to the owner of the restaurant. purchased the majority of the shots al the bar frollill. Approximately half of those shots were consumed at the bar in direct sight o some were consumed back at the table where the four sat and drank. was not carded at any time for the purchased of the shots or the pitcher of beer. At approximately 0100 hours,sad left the restaurant and gone to the vehicle to sleep. and had also stepped outside to smoke while stayed inside. has no recd ection of what occurred after...an left t e table, at approximately 0100 am. The next recollection of—has was waking up in the intensive care unit of San Antonio Community Hospital. Witness Interview:- On 05/11/2010, at approximately 1200 hours, I spoke tin the parking lot of Bank of America, Foothill BLVD /Archibald AVE F+ , si- -is a bartender a - he is also an " "` • acquaintance o the owner of the Beer mug. On 05/08/2010 at approximately ' 00 am,— received a text it g' ticc;'�t t „^ I message fron� The following are digital images of those text 1 a .Ei, ' I messages. d v+naynanaoe 1, 1 ' I SHow old is ur Barback ? Who was off getting arrested for i flM11.,;tir :' : `,�,'� underage. I t,..�s"r4.-,-E yi,• se ly +y.rr^ <t ' t ' , ? '1i Ille He should be 21 He works here and l know it's 21 � tt,W2y' e + j �':, and older. What Happened?!?!?!? �-n „r ;iz " 1 , .atp,,ta 9 11., . 1 f q 121 w,lz 44V iP'k''y. . v7 ";,,,7 4,;; _ Thev checked his ltd. he's only Zq he's claiming he works at j o y)�� -�7,t.. Mcalans behind the bar. Heads up ' - He got fucked up,fell down hit his head, his friends called the , ; rn ac REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Clark B6735 05/11/10 FURTHER ACTION COPIES TO REMARKS Otre, ED.PD iii. YES NO .15164.401 Rev 1/e? Da; A.,� Palml B-64 CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111005346 CALIFORNIA REPORT AREA CA 03600 Page 3 • CODE SECTION I CRIME CLASSIFICATION RC Incident fl VICTIM'S NAME-LAS1 NAME FIRST NAME MIDDLE NAME IFIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE eirit „ i h shit!! I've never asked him old he is!! I always asumed....Fuck! II all: Russ is talking to his older bro who's a bartender Here and he said h got jumped and is in the J• J hospital? xF til , la rA .yu,*ir -r lr' I :1,114/15#,71;:',4 _:No he fell, he drunk, everybody saw. I e <!;Y+t .. Fi SIM Shit.. Ok ii r 'i 4 i�� I-r 2 f ••fE F• ✓ F tK Y t 1,...f,,Airtti.,L.4 P 'lt Tar..vm . tie t --'777:77 Aw '41� '. z I. --att.:: . ._.J... -Udidn'tgetinanytroubledidu ? >sge tnr- , S Yeah minor in my bar drunck•rte: e r »5t , n 4; it :A , isii, ' �- EMI Fuck Sorry man 1 • '�'I 3 !n i ,e v. rb -0 r:: ,: .R!. REPORTING OFFICER DATE REVIEWED BY I TYPED BY ROUTED BY DATE Clark 86735 .05/11110 J FURTHER ACTION REMARKS COPIES TO. OmeI SD•PD __ YES i NO Detective OH Dine: 15-15184-401 Rev. 1/83 Dis: Ally P.=.irol 8-65 CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111005346 CALIFORNIA REPORTAREA CA 03600 Page 4 RC ;ODE SECTION I CRIME I 1::ASSIP:T:ATiCN Incident VICT IMT NAME-LAST'NAME FIRST NAME MI IDLE NAME ,FIRM NAME E HUSINESSI ADDRESS RESIDErICC. --- PHONE Stated th' ; is the nick name for the owner of ,A---- ---. >b y.;. Beer Mug The contact information in the phone list *' 1 has had no further contact via text or in person with ince the incident. . r PY90 i i I . . z 83+1} fi { Y i � •.eypana'Datwli s 7 p si r ,.._A:-4 -. t"'nur n r arw: 5 tAStt4 w • +,: A5 0'1�1I �xs a: = an t 'y5,R1' 1Y y 14 S ■ 1111 , f9 Injuries ' 1 was transported to San Antonio Community Hospital where he was admitted to the intensive care unit for Acute Alcohol Intoxication. He was placed on a ventilator for approximately 24 hours while being treated. Per his statement his blood alcohol content was approximately .45% at the time of admittance. Medical records are pending. Disposition Case to date attach to original report. REPORTING OFFICER DATE' REV9EVNE5 BY TYPED BY ROUTED BY DATE Clark 86725 DATE o 1 UR'I HER ACTION - COPIES,10 :mot sO:PD REMARKS YES NO 15184_431 Rev Dst .lei - Pal:ni • • B-66 RESOLUTION NO. 10-26 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT CUP99-43 FOR THE BEER MUG, AN EXISTING RESTAURANT AND BAR LOCATED WITHIN THE REGIONAL RELATED COMMERCIAL DISTRICT, SUBAREA 4, OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, IN THE FOOTHILL MARKETPLACE AT 12809 FOOTHILL BOULEVARD, SUITE C1-C4; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-031-33 A. Recitals. . 1. On March 24, 2010, the Planning Commission initiated a review of Conditional Use Permit 99-43 ("CUP99-43"), for The Beer Mug, an existing restaurant and bar located in the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in The Foothill Marketplace at 12809 Foothill Boulevard, Suite C1 through -C4; APN: 0229 031-33. 2. On May 26, 2010,the Planning Commission of the City of Rancho Cucamonga opened a duly noticed public hearing to review CUP99-43. The Planning Commission continued the hearing to June 9, and again to June 23, 2010, and concluded the hearing on June 23, 2010. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 26, 2010, June 9, 2010, and June 23, 2010, including . written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. On November 23, 1999, the Planning Commission approved CUP 99-43 for the subject business to allow the sale of and on-site consumption of alcoholic beverages(Type 47 liquor license) at a restaurant called The Beer Hunter Sports Pub and Grill, occupying a lease space of approximately 8,869 square feet and an outdoor dining area of approximately 675 square feet; and b. Subsequently, the restaurant was sold to a new owner and renamed The Beer Mug, and the floor plan was altered by the installation of a dance floor, removal of booths and seating areas and replaced with bar-style tables, installation of a DJ booth, and the installation of nightclub-style lighting. These alterations occurred without Planning Commission review; and c. On March 24, 2010, City staff presented the Planning Commission with a request from the Police Department for the Commission to initiate a review of the subject business due to the level of calls for police service at the subject business. The Planning Commission granted the • request and set the public hearing on the matter for May 26, 2010. B-73 PLANNING COMMISSION RESOLUTION NO. 10-26 • CONDITIONAL USE PERMIT CUP99-43 —THE BEER MUG June 23, 2010 Page 2 d. On May 26, 2010, the Planning Commission continued the public hearing to • June 9, 2010 at the request of City staff. e. On June 9, 2010, the Planning Commission continued the public hearing to June 23, 2010 at the request of City staff. f. The subject business is being conducted in a manner detrimental to the public health, safety, and welfare as evidenced by the number and severity of police calls for service emanating from or associated with the business; and g. The owners have made substantial modifications to the approved floor plan including the addition of a large dance floor, removal of booths and seating areas, and installation of a DJ booth without the benefit of Planning Commission review; and h. The existing business has operated with live entertainment without an approved Entertainment Permit, which is a violation of Section 5.12 of the Rancho Cucamonga Municipal Code; and i. The existing business does not convey a restaurant use, rather, the subject business is operating as a de facto nightclub without the proper City approvals or the required Type 48 liquor license; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 • and 2 above, this Commission hereby finds and concludes as follows: a. The existing business operation is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The existing business operation has demonstrated that it is detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The Public Safety Records demonstrate that the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public. 4. When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby revokes CUP99-43. 6. This Resolution shall go into effect on the 15th day after its adoption. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. • B-74 • PLANNING COMMISSION RESOLUTION NO. 10-26 CONDITIONAL USE PERMIT CUP99-43 —THE BEER MUG June 23, 2010 Page 3 • APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman • ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of June 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: • B-75 1°c o-1 cya-/ 4 0 LAW OFFICES OF CITY OF RANCHO CUCAMONGA SOLOMON, SALTSMAN & JAMIESON ,\Partnership Including Professional Corporations 426 CULVER BOULEVARD JUN 2 1 2010 PLAYA DEL REY, CA 90293 ( 13038 FAX X(3110)) 622-822-3512 RECEIVED PLANNING June 17, 2010 via facsimile (909) 477-2848 and U.S. Mail • James R. Troyer, Planning Director 10500 Civic Center Dr. Rancho Cucamonga, California 91729 RE: INADEQUATE NOTICE FOR CHANGE IN HEARING TO REVOCATION HEARING REQUEST FOR DISCOVERY REQUEST FOR CONTINUANCE OF JUNE 23, 2010 HEARING ROIG Restaurant Group,-Inc. d.b.a. Beer Mug at 12809 Foothill Blvd. #C1-C4 Dear Mr. Troyer: •':' • • The City's unilatei 'l('decision on 'June 15, 2010 to 'change the June 23, 2010 Planning Commission hearing from a CUP Review hearing to a Revocation hearing Was given my client inadequate notice and therefore violates my client's Due Process Rights for his Constitutionally vested property right in Conditional Use Permit99-43R (hereinafter the "CUP"). Additionally, the City's failure to provide requested discovery also violates my client's Due Process Rights. Moreover, this letter shall serve as a formal request by Jesus Roig and the ROIG Restaurant Group, Inc. d.b.a. The Beer Mud, for a continuance of the June 23, 2010 Planning Commission hearing regarding revocation of this location's Conditional Use Permit, ("CUP") 99-43R. My client requests a four week extension in order to adequately prepare for a hearing in which the City seeks to revoke his CUP and thereby shut down his business and terminate his livelihood. As the City is aware, notice was not sent of the City's decision to change this June 23, 2010 hearing to a revocation hearing until June 15, 2010. As of this letter; Mr. Roig and his counsel are unaware of what the City is basing its decision to revoke:the CUP and therefore are prevented from prelariiig a defense thereto. Neither my client•nor I liave'been provided any report of information Troni the City regarding the June 9, 2010 investigation at my client's location. My client was not present at the location during the investigation, has no personal knowledge and it is our understanding from speaking with employees that were present that no dancing occurred and that no entertainment.that required an Entertainment Permit was provided. Without this information from the City and adequate time to investigate the allegations, my client cannot effectively defend his Constitutionally vested property right and would therefore be denied Due Process. • James R. Troyer, Planning Director June 17, 2010 Page 2 of 2 Additionally, the City has never been provided unredacted versions of the police reports that were requested in my May 19, 2010 letter to Mssrs. Bobko and Diaz. Thus, my client is also unable to conduct any meaningful follow-up investigation related to those alleged incidents. Additionally, my client seeks any and all staff reports, incident reports, police reports related to this location since January 1, 2008, as well as any documents created or reviewed by Staff in preparing. its Staff Report for the June 23, 2010 Planning Commission CUP Review for this .. location. Please also promptly provide these documents before the June 17, 2010 hearing. Please include this letter in the record before the Planning Commission for this matter and distribute to the Commissioners prior to the hearing so that they will be aware of my client's request. Thank you. Very truly yours, SOLOMON SALTSMAN & JAMIESON / RYAN MTKROLL cc: client • STAFF REPORT loc4c, • PLANNING DEPARTMENT L� DATE: June 23, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00188 - CHARLES JOSEPH ASSOCIATES - A request to modify Conditional Use Permit CUP00-03 including modifications to the floor plan and hours of operation for an existing 4,368 square foot full service restaurant and bar including a 377 square foot outdoor patio located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue - APN 0201-272-06. Related Files: Entertainment Permit DRC2010-00189 and CUP00-03. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). (Adam C.) ENTERTAINMENT PERMIT DRC2010-00189 - CHARLES JOSEPH ASSOCIATES - A request to include live entertainment such as dancing, bands, and karaoke in conjunction with a 4,368 square foot full service restaurant and bar located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue - APN 0201-272-06. Related Files: Conditional Use Permit • DRC2010-00188 and CUP00-03. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Existing Single-Family Homes —Low Residential South - 1-210 Freeway — N/A East - Existing Condominium Complex— Medium High Residential West - Existing Shopping Center— Neighborhood Commercial B. General Plan Designations: Project Site - Neighborhood Commercial North - Low Residential South - 1-210 Freeway East - Medium High Residential West - Neighborhood Commercial C. Site Characteristics: The proposed applications are for an existing restaurant in a single tenant building located within an existing 13-acre shopping center bounded by Lemon Avenue to the north, Haven Avenue to the west, the 1-210 Freeway to the south, and an existing condominium complex to the east. The single tenant building comprises a total of 4,368 • square feet with a 377 square foot outdoor patio. The building is located directly on the corner of Haven Avenue and Lemon Avenue, and is approximately 14-feet below the street grade ITEMS C&D PLANNING COMMISSION STAFF REPORT L` DRC2010-00188 & DRC2010-00189— CHARLES JOSEPH ASSOCIATES JUNE 23, 2010 Page 2 • from Lemon Avenue. The site is currently improved with landscaping, lighting, and parking areas. D. Parking Calculations: Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Restaurant including 4,745 1/100 48 • 48 the outdoor patio • ANALYSIS: A. General: McAlan's Pub & Grill was originally approved under Conditional Use Permit CUP00- 03 on March 22, 2000 which permitted the operation of a bar in conjunction with a restaurant. Concurrent with that approval, the Planning Commission also approved Entertainment Permit EP00-01 which allowed for acoustic trio music performances and karaoke. The original hours of operation and entertainment hours for CUP00-03 and EP00-01 were as follows: Hours of Operation Entertainment Type Sun - Thurs: 11:30 a.m. until 11:00 p.m. Weds: - Karaoke Fri - Sat: 11:30 a.m. to 2:00 a.m. Thurs — Sun: Singer, Bands, Piano Subsequently on June 14, 2000, a Modification to Conditional Use Permit CUP00-03 was • approved by the Planning Commission to permit a 377 square foot outdoor patio area for dining and alcohol consumption. The business was subsequently sold in 2008 to the new owner, Stacy Wendler. The owner submitted plans to update the occupancy load for the patio area. During their review of the plans and follow-up investigation, staff identified that modifications were made to the floor plan of the restaurant, hours of operation, and the type and intensity of entertainment. The booths had been removed and replaced with bar stool and table seating, the hours of operation exceeded those set forth in the approval of CUP00-03, and the entertainment had been expanded to include DJ's, bands, and dancing. Planning Department staff met with the owner and her legal counsel in June of 2009 to discuss the modifications that had been made to the floor plan and business operation. At the meeting, Planning Department staff explained to the owner that she would need to submit a new Conditional Use Permit and Entertainment Permit in order to bring the business into compliance. On March 16, 2010, nine (9) months after meeting with the owner to discuss compliance issues, Charles Joseph Associates submitted Conditional Use Permit DRC2010-00188 and Entertainment Permit DRC2010-00189 on the behalf of the owner, Stacy Wendler. The applicants are requesting modifications to the floor plan, hours of operation, and the type and hours of entertainment. The applicant's request is summarized below: • C & D- 2 PLANNING COMMISSION STAFF REPORT DRC2010-00188 & DRC2010-00189 — CHARLES JOSEPH ASSOCIATES JUNE 23, 2010 • Page 3 Hours of Operation Entertainment Type/Hours Sun-Weds: 9:00 a.m. to 12:00 a.m. Thurs: 8:00 p.m. to 12:30 a.m. Bands* or Karaoke Thurs: 9:00 a.m. to 1:00 a.m. Fri-Sat: 8:00 p.m. to 1:30 a.m. Bands* or Karaoke Fri-Sat: 9:00 a.m. to 2:00 a.m. *At no time shall there be more than two (2) nights of (2:00 a.m. for major holiday bands each week. weekends — New Years, Labor Day, Memorial Day, Saint Patrick's Day) In addition to the applicant's request, staff will include an additional condition to cease all alcohol sales and consumption no less than thirty (30) minutes before closing. This is to ensure that all patrons will have adequate time between consuming a drink and leaving the establishment. B. Compatibility of Use: The subject applications are a request to modify the previously approved floor plan, hours of operation, and the type and intensity of entertainment. The subject site has a General Plan land use designation of Neighborhood Commercial, which is defined as: "The Neighborhood Commercial designation provides for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods and offering convenient retail goods and services for residents, Examples of permitted uses include small- scale restaurants, grocery and convenience stores, service businesses that generate limited traffic, and boutique retail sales. Neighborhood Commercial centers should be compatible in design and scale with adjacent residential areas." • The subject site is located in close proximity to residential neighborhoods, and therefore could potentially create impacts unless mitigated. Due to the fact that the existing building is approximately 14-feet below street grade, and all parking areas are located south of the building, noise and light issues are sufficiently attenuated. Staff believes that with the conditions of approval, the potential operational impacts of the business can be mitigated in order to prevent impacts to adjacent residential uses and businesses. C. Police Incidents The Rancho Cucamonga Police Department has received only one (1) major call for service during the past six (6) months. A summary of that incident is described below: Report no. Date Description DR # 111003161 3/18/10 Strong Arm Robbery, Battery D. Environmental Assessment: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project entails the minor physical alteration of an existing restaurant and bar including changes to the hours of operation, and there is no • substantial evidence that the project may have a significant effect on the environment. C & D- 3 PLANNING COMMISSION STAFF REPORT DRC2010-00188 & DRC2010-00189 —CHARLES JOSEPH ASSOCIATES JUNE 23, 2010 Page 4 • CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley (laity Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use • Permit DRC2010-00188 and Entertainment Permit DRC2010-00189 through the adoption of the attached Resolutions of Approval with conditions Respectfully su/b(]mitted,��/�'����p��� J es R. Troyer, AICP anning Director JRT:AC/Is Attachments: Exhibit A - Location Map Exhibit B - Site Plan Exhibit C - Floor Plan Exhibit D - Statement of Operation Letter Exhibit E - Menu Exhibit F - CUP00-03 and Resolution of Approval 00-27 Exhibit G - CUP00-03MOD and Resolution of Approval 00-63 • Draft Resolution of Approval for Conditional Use Permit DRC2010-00188 Draft Resolution of Approval for Entertainment Permit DRC2010-00189 • C & D- 4 • STATEMENT OF PURPOSE The purpose of the document is to provide a written outline of the restaurant/pub operations known as: "McAlan's Pub & Grill". The principal, Stacy Wendler purchased McAlan's Pub and Grill from the previous ownership in 2008 and has continued with the business operations and employees from that ownership transfer. We received a letter in February from the City Planning department that staff would like the application updated, along with the existing hours of operations and update the Entertainment Permit. It is our sincere intent to remain in good standing with the City of Rancho Cucamonga from our purchase in 2008 of this existing Pub & Grill. The following information is being provided to the City in hopes that we can continue to provide a comfortable environment for our patrons and residents of Rancho Cucamonga at McAlan's pub. THE BUSINESS McAlan's is an upscale Pub & Grill serving light faire, refreshments and cocktails in a business casual style environment and the menu has remained consistent since it was converted into a pub in 2000. We learned the previous ownership discontinued to offer a white tablecloth environment due to the added expense and impact on the environment. Our food is still presented with rolled silverware in cloth napkins along with friendly table or bar service. We continue to offer a sanctuary for residents to enjoy a day time pub eatery with music, dancing and libations with friends at our pub and a comfortable environment in the evenings. Patrons can enjoy televised sporting events as they are seasonally available (Football, Baseball, NASCAR, etc). During all hours of operation the televisions provide ticker updates to social, sporting and entertainment events as traditionally done with Pubs. Our goal is to provide a place for residents to relax and enjoy their time during these events. We continue to offer a band with • intermittent dance music via a playback device during the weekends along with a Karaoke night. We would like to propose to extend our current business hours to accommodate sporting events in the mornings and for availability of an additional menu and services later in the evenings along with music: Existing Hours of Operation CUPMOD 00-03 Entertainment Monday—Thursday: 11:30 am to 11:00 pm; Wednesday Karaoke Friday-Saturday: 9:00 AM—2:00 am Thurs Band 7pm-11:OOpm Friday & Sat Band—7:00 pm to 12:30am Sunday Band 6pm-11:OOpm Requested Hours of Operation Entertainment Sunday—Weds: 9:00 am to 12am 7pm-11:30 pm Thursday 9:00 am— 1:00 am last call; 7:00 pm-12:30 am Friday-Sat 9:00 am—2:00 am 5:00 pm-1:30 am (tam for Major Holiday weekends) New New Years, Labor Day, Memorial Day, St Patricks Day only) • We would like to be provided the flexibility to modify our schedules as the business permits for the Karaoke and 4 piece band to fluctuate between the nights requested for entertainment. Allowing us this flexibility for conditions of approval that cease entertainment 30 minutes prior to the close of hours of • • EXHIBIT D C & D- 8 operation would accomplish this. This provides the opportunity for those days to be switched based upon • scheduling availabilities for the band, customer requests and sporting events. During Major Holidays (Memorial Day, Labor Day, St Patricks Day & New Years) we would like the flexibility for these later hours on Sunday due to the crowd being similar to a `weekend night'. We also would like to provide the ability for special events such as wedding parties, birthday parties and Corporate events for reservation during the day or evening hours. BACKGROUND OF THE BUSINESS According to our research, within the City of Rancho Cucamonga and adjoining East/West cities, there are very few establishments in the immediate area that can provide a place for residents to visit. Presently, residents of these communities must travel south to Foothill Blvd to find a restaurant with a unique atmosphere that is available at McAlan's. During the 1980's and 1990's the business was Willies Pizza Pie family restaurant which was converted into a Pub in 2000. Since then the patrons have been provided the ability for a pub style eatery and bar during the day and entertainment dance floor during the evening. Our client base is for customers in the 25-55 year age group which we feel is a more responsible age group then some of the other establishments in the area. In spite of the economy, we have seen a positive growth in our customer base, which provides us with the ability to potentially be open more hours to be of serve the community. We have seen a growth in other comfortable Pub atmospheres such as TGI Fridays and Yard House which offer playback music, Pub style food and libations for the residents of Rancho Cucamonga. We have received a lot of positive feedback since we have taken over the business, especially for our specials that are offer the entire night like our `steak night'. MISSION STATEMENT To provide a fun and safe atmosphere of comfort and well-being in which our customers can enjoy • quality food and refreshments at a fair and equitable price. We are voluntarily participating in the San Bernardino County Sheriff Alcohol late night disbursement program THE CONCEPT McAlan's is a business professional restaurant/pub establishment that continues to provide quality atmosphere and select entertainment evenings (Dance Band/Karaoke). The interior finishes have remained similar to the previous decorations of the pub style window, seating, televisions and woodwork. The cherry wood bar/stools/tables and accented with brass fixtures still remain at the bar tying us to a more traditional pub style environment. The poodle trees still stand at the main entry along with the planter boxes encompassing the patio. We removed some of the dingy booths and have prepared to replace them to match the existing interior. The fireplace, wall furnishings, pictures and carpets have continued for more of a modem pub style environment and the previous owner closed the window facing the 20' hill on the north side due to vandalism. The dart boards and pool tables were removed and replaced with seating areas. The key to success of McAlan's will be to offer the comforts of a modern pub with a positive clientele. We want to expand our hours to serve breakfast/brunch on the weekends within the normal pub business environment. We will continue to provide late evening pub style entertainment and we have a 3to 4 piece band which is a "cover band" amplified acoustical motif. We will continue to utilize payback music device during non-entertainment nights and utilize music playback intermittently between band playing breaks. There will be no laser light shows' or `disco lights' that will be utilized. The only lighting will be added will be that as for the entertainment aspect onto the stage which consists of few lights to shine on the stage area. The lighting will be set to provide enough lighting for those to eat while enjoying • 2 C & D- 9 • entertainment. The menu will still consist of the same casual food of gourmet hamburgers, hot sandwiches, quesadillas, top sirloin steaks etc. with during late evening hours of operation. We also offer specials during the week such as Monday, Fish and Chips, Tuesday night is our $1.00 Taco Buffet, Country Wednesdays, offering '/ chicken, corn and mashed potatoes for $5.00. Thursdays is our famous $5.00 Steak Dinner with a baked potato and salad. Our specials may change from time to time based on the time of year and weather. We have had numerous requests to add a breakfast menu and expand our menu selection and we are in the draft form on menu updates. LOCATION McAlan's is located at 6321 Haven Avenue in the Haven Village Shopping Center at the northeast corner of Haven Avenue and 210 freeways in Rancho Cucamonga, which comprises approximately 4500 square feet. Anchor tenants Von's and Traders Joes occupy the center include the following 24 hour operation tenants: Union 76 gas station, Corky's, Del Taco, McDonalds located on 13 acres with nearly 130,000 sf of approved square footage. OBJECTIVES AND EXPECTATIONS McAlan's is looking for the opportunity to provide services later in the evenings to adjust for local market competition and customer requests. We want to have the opportunity to serve our patrons later in the evening similar to our competition and to control the disbursement of patrons during our closing shut down process. We have offered to facilitate and participate in regular inspections regarding our business operation as pay the associated fees applicable to the City time for this during the next year. MARKET COMPETITION • Gallie's 1 lam-1:30am,has 7 days a week with Entertainment Buffalo Wild Wings 11am-2am everyday Roadhouse 11am-2am every day(with Dancing) Omaha Jacks 1 lam-2am Fri/Sat, 12 Midnight weekdays Magic Lamp Tues-Sat 8am to 2am, Sun-Mon Midnight Wings and Rings 11 am to 2am Thurs -Sat 1lam-12am Sun-Weds Corky's 24 hours (Serving till 2am) Yard House Monday-Weds 12am, Friday Sat 2am Friday's 1lam-2am Rock the Key's 7 days-5:00 pm-2 am BJ's 11am-12am Mon-Thurs, Friday/Sat loam-lam Goodfellas 4pm—2 am 7 days a week. MARKETING STRATEGY McAlan's will use traditional marketing methods (i.e., , newspaper advertisements, and other marketing media). Given the hospitality and atmosphere that McAlan's intends to provide, word of mouth will also become a highly effective marketing tool. We continue to advertise and cross-promote with the Citizen Business Bank Arena, Quakes stadium and Radio. MINIMIZING RISK FACTORS • 3 C & D- 10 McAlan's continues a plan of continuous education to employees regarding refusal of service of alcoholic • beverages to underage and intoxicated patrons and abide by all ABC guidelines as well as restricting access to patrons during later evenings to assist in this control similar to what is done with Yardhouse, Bevmo and Total Wine. We are proud that our investigations with ABC have resulted in successful alcohol service denials as required by law. We continue to cooperate with the Sheriffs department as to alcohol sales and working on implementing the closing plans. This closing plan as suggested by the San Bernardino County Sheriffs is a prime example of how utilizing longer business hours we can control potential risk factors. We have assisted the Sheriffs department in identification which has resulted in detention of a City wide crime spree. There have been no code enforcement incidents that we are aware of and to our knowledge there have been a limited amount of calls for services, which we believe is a direct result of demonstrating our ability to attract and manage a responsible clientele. CAPITAL Stacy is personally funding this project with ongoing revenue generation from patrons of the community and personal assets of the family. SUMMARY McAlan's hope is to continue to provide the community with a safe locally-owned Pub & Grill establishment that provides good food in a relaxing environment for sporting events and entertainment close to home similar to business hours of operation for other competitors and other neighborhood commercial centers in the market. Thank you for your time in reviewing our application and please feel free to contact my • consultant or myself if you have any questions or need of any additional information or assistance concerning my business. Stacy Wendler Grill &Pub Owner-McAlan's • • 4 C & D- 11 • Starters McAlan's Hot Wings Zesty chicken wings, ham, served with celery sticks and ranch dressing 9 Fried Green Beans Chile battered green beans, lightly fried with chipotle dipping sauce 8 Steamer Clams Fresh manilla clams, white wine garlic broth served with garlic toast 10 Chicken Nachos Our homemade tortilla chips smothered with refried beans, cheddar and jack cheese, sour cream, guacamole, Pico de gallo and spicy chicken 10 • Rocket Shrimp Spicy shrimp, deep-fried, served with garlic mayo 10 Potato Skins Crispy baked potato skins filled with cheddar and jack cheese; topped with bacon and chives, served with sour cream and ranch dressing 7 Chicken Quesadilla A large flour tortilla filled with grilled chicken, jack and cheddar cheese, served with spicy salsa and zesty guacamole 7 Shrimp Scampi Tiger prawns sautéed in a white wine. Lemon garlic butter sauce, served with garlic toast 11 EXHIBIT E C & D- 12 Chicken Tenders • Boneless chicken breast deep fried till golden, served with ranch dressing and BBQ sauce 8 Chicken Taquito's Homemade chicken taquito's served with sour cream, salsa, and guacamole 9 Sampler Platter Assortment of chicken taquito's, hot wings, fried green beans, chicken tenders and potato skins. Served with sour cream, ranch dressing and guacamole 12 ID C & D- 13 • Sandwiches All American Club Sandwich Sliced turkey, tomato lettuce, bacon and mayo on sourdough bread 9 Crackling Chicken Sandwich Chicken breast, magic flower, butter lettuce, tomato, pickles & peppercorn buttermilk dressing 9 Rib Eye Steak Sandwich Grilled Rib Eye Steak served on a French roll, mayo lettuce, tomato and onion 11 New York Classic Reuben Sliced corned beef, Swiss cheese and sauerkraut served on rye bread and Thousand Island dressing 11 • French Dip Thinly sliced roast beef stacked high on a French roll, and au jus 9 Pastrami Dip Thinly sliced pastrami stacked high on a French roll with mustard and pickles 9 Traditional Patty Melt A juicy grilled beef patty served with American cheese and grilled onion and rye bread 8 B.L.A.T Sandwich Bacon, lettuce, avocado, tomato, mayo sourdough bread 8 C & D- 14 McAlan's burger • Half pound angus beef, lettuce, tomato, onion, pickle and sesame bun and house fries 8 Extras Cheese 1 Bacon .75 Avocado .50 IP C & D- 15 Salads Hollywood Brown Derby Cobb Salad Grilled chicken breast, smoked bacon, tomato, avocado, blue cheese, egg, crisp mixed greens 10 Caesar Chicken Salad Romaine lettuce tossed with caesar dressing, Parmesan cheese and garlic croutons 9 Iceberg Wedge A wedge of crisp iceberg lettuce, blue cheese dressing topped with chopped tomatoes and apple wood smoked bacon 8 Shrimp Louie Poached tiger prawns, avocado, tomato, egg, olives, iceberg lettuce, cucumber tossed with Thousand Island dressing 11 • Spinach and Goat Cheese Salad Garden fresh spinach, bacon, Granny green smith apples, candied pecans, radicchio, goat cheese, Italian balsamic vinaigrette 9 Chinese Chicken Salad Grilled chick, carrots, cabbage, mandarin oranges, cucumber rice noodles, wontons Chinese sesame dressing 10 Garden Salad 3 Soup of the Day Bowl 4 Cup 3 .......................... C & D- 16 Entrees Corn Beef & Cabbage Served with buttered red potatoes, carrots, braised cabbage, creamy horseradish sauce 14 Del Mar Fish & Chips Fresh halibut in tempura ale batter served with homemade tarter sauce and house fries 10 Shrimp Combo Plate A combination of deep fried shrimp and sautéed shrimp served with house fries 12 California Chicken Grilled chicken breast topped with Ortega chill, Swiss cheese served with avocado, tomato and onion 9 Buttermilk Crackling Chicken Served with mashed potatoes and sausage gravy 11 Linguini & Clams Fresh manilla clams, garlic, white wine, parsley, lemon and butter 12 Rib Eye Steak 8oZ Rib Eye Steak grilled and served with mashed potato and onion rings 14 Sides Garlic mashed potatoes 3 Fresh vegetables 3 French Fries 3 Linguini Pasta 3 Red Potatoes 3 • C & D- 17 the city o f Rancho Cucamonga Staff Report DATE: March 8, 2000 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Emily Wimer, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT-00-03 MCALAN'S PUB AND GRILLE -A request to establish a bar in conjunction with a restaurant that offers entertainment, in the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue-APN - 201-271-69. Q ENTERTAINMENT PERMIT 00-01- MCALAN'S PUB AND GRILLE -A request to offer entertainment consisting of a small acoustic trio and Karaoke in conjunction with a bar and restaurant within the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue—APN-201-271-69. PROJECT AND SITE DESCRIPTION: A. Site Characteristics and Surrounding Land Use The site is fully improved as a Neighborhood Commercial Center. The anchor tenants in the center include a Top Valu Market, McDonalds, and a Unocal station. In addition there are twenty other small retail stores, including a dry cleaners, hair stylist, beauty supply store, and insurance company. The property to the east of the site is developed with apartments and the property to the west is a small shopping center on the southwest corner. The property to the south is the Route 30 freeway and to the north is zoned Single Family Residential. The center is not fully leased. B. Pa rkin : The Haven Village Shopping Center was built prior to the current parking regulations. The previous tenant was the "Willie and Pies" pizza parlor, which was in operation for a number of years as a sit-down restaurant. The new tenant is not requesting any expansion of the building; however, entertainment and a bar is proposed with the restaurant use. Haven Village Center currently has a total of 485 shared parking spaces. Parking for the pub and grille will not exceed the spaces used by the previous tenant. EXHIBIT F C & D- 18 PLANNING COMMISSION STAFF REPORT CUP 00—03, EP 00 - 01 March 8, 2000 IP Page 2 ANALYSIS: A. Proposed Uses: The applicants, Mr. Alan and Ms. Campero, propose to take the 4,500 square foot building and establish a grille and pub that offers primarily dinner and full bar service with entertainment and dancing. The bar and grille hours are Sunday through Thursday from 11:30 a.m. until 11:00 p.m. and Friday and Saturday from 11:30 a.m. to 2:00 a.m. According to the applicant, the business will be an upscale restaurant/pub serving light fare, refreshments, and cocktails in a white tablecloth/piano ambiance style environment (See Exhibit "E" for menu). No entertainment is proposed on Monday and Tuesday. Thursday through Sunday the entertainment proposed is a singer, guitarist, and/or a piano player in the evenings. Wednesday evening is the proposed Karaoke evening. Exhibit "C" is a detailed description of the proposed entertainment schedule for McAlan's Pub and Grille. B. Compatibility of Use: The proposed pub and grille is located on the northwest corner of Haven Village Center. The site is surrounded by existing homes to the north and east, and a shopping center to the west, across Haven Avenue. The shops along the east side of Haven Village Center act as a buffer for the neighboring residential district to the east. The use is not expected to disturb existing residences to the north because Lemon Avenue runs between the homes and the shopping center and the pub and grille sits approximately 14 feet below Lemon Avenue. The proposed pub and grille is not expected to conflict with other business activities in the center. Most of the other tenants close at 6:00 p.m. with the exception of the three anchor tenants. Top Value market is open until 11 p.m. seven days a week, Mc Donald's is open until 12:00 a.m. seven days a week. The Unocal service station is open until 10:00 p.m. These anchor tenants are compatible with the surrounding uses and the proposed pub and grille. Currently, no other entertainment permits exist in the Haven Village Center. C. Public Safety Concerns: 1. Police and Fire Safety. The Police Department has been reviewing the proposed uses. Their comments will be given at the public hearing. The Building and Safety Division and the Fire Prevention Unit have also reviewed the proposed uses. A condition of approval has been included that requires the applicant to meet all applicable codes for • interior modification and improvements and that the building be inspected prior to occupancy. 2. Security Plan: A condition of the entertainment permit requires the applicant to provide a security guard for the restaurant if the dance floor exceeds 150 square feet. The applicant stated at the most, the dance floor would be 12x12, or 144 square feet. Therefore, the square footage of the dance floor would not constitute the use of a separate security guard for the restaurant. The landlord has stated that there is currently a security guard for Haven Village Center with shift hours of Monday through Friday from 3:00 p.m. until 10:00 p.m., Saturday and Sunday security hours are • C & D- 19 PLANNING COMMISSION STAFF REPORT CUP 00—03, EP 00 - 01 ® March 8, 2000 Page 3 3:00 p.m. until 11:00 p.m. There is no outdoor entetainment proposed. Staff believes that the addition of a restaurant with a full bar and a small amount of entertainment will not conflict with the surrounding uses and that it would be compatible and cohesive with the nature of the other Neighborhood Commercial uses. Conclusion: Based on the above analysis, staff believes that the proposed uses would be compatible with the surrounding uses and comply with the objectives of the Neighborhood Commercial Center and the Haven Village Center. FACTS FOR FINDING: The Commission must make all of the following findings to approve the two applications: A. Conditional Use Permit: 1. That the proposed use is in accordance with the General Plan, the objectives of the . Development Code, and the purposes of the Neighborhood Commercial District in which it is located. 2. That the proposed use, together with the conditions applicable thereto, will not be. detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Development Code and the Neighborhood Commercial District. B. Entertainment Permit: 1. That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare. 2. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner. 3. That the applicant, or any person associated with him/her as a principle or partner or in a position, or capacity involving partial or total control over the conduct of the business for which such a permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offenses involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had an approval, permit, or license issued in conjunction with - the sales of alcohol or the provision of entertainment been revoked within the preceding five years. • 4. That the granting of the application would not create a public nuisance. • C & D- 20 PLANNING COMMISSION STAFF REPORT . CUP 00—03, EP 00- 01 March 8, 2000 Page 4 410 5. Thai the normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhoods. 6. Thai the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 7. The applicant shall get all permits necessary, including an Alcohol Beverage License prior to commencement of building permits. Staff could find no evidence contrary to the required findings. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site and all the tenants within the Haven Village Center. RECOMMENDATION: Staff recommends approval of the bar and entertainment through adoption of the attached Resolution. Staff recommends a six-month review after the entertainment has commenced. Respectfully submitted, ..-/Z'.-----e2W-----------. all Brad Buller City Planner BB:EWUs Attachments: Exhibit"A" Site Plan Exhibit "B" - Applicant's Letter Exhibit "C" Entertainment Schedule Exhibit "D"=Floor Plan Exhibit°E' Menu Resolution of Approval for CUP 00-03 Resolution of Approval for EP 00-01 i lb C & D- 21 ' 1 -^ rrIA• OMrO1esM O —1— . V '] a v 1• W co • I7 I _' O co 0 c3 6,-" 0 4 7. 0. 4 O .U4 C `� f9 O U W yJ C O ,., U y O O O 7 U .4 .O•I 4 © c 4 .0 O . -0 N r-1 L O J , .N CO /� O 4 ty q'•I 01 O..O N 2 L pa U JJ /`\ri _ S O 4CN •'I 0 O ' l O L .I U O d M .''l ..I 4 C 0 Y "-I-4 4 >•,4 4 C ..{ -I 4 4 4 4 •.I 'O M C > > la 11 .-4. 44 q Q > 4 ,3 t > C U > 4 -1 O 4 < < = ' O ,•, O U N O z 4 F p. U < t4 o < 7 > u a co N co D aC en . r . . . . D N . m E w ..1 N In P h t0 N CI 01 D E. ./ N n 'e N 0 N .•I N en '4 e V 2 .8 .• V V C -Im to d N N• 4 4D zy U t e u > U • tn O a 4 Z 1- e7 : C C•r r� J. 0 •< O U• F H 8 \. ..0. 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THE BUSINESS McAlan's will be an upscale restaurant/pub serving light faire, refreshments and cocktails in a white tablecloth/piano ambiance style environment. It is anticipated that McAlan's will host its Grand Opening and be open to the public in the winter of 1999. Operating hours will he Sunday through Thursday from 11:30 a.m. to 11:00 p.m. and Friday and Saturday from 11:30 a.m. to closing, (no later than 2:a.m.) BACKGROUND OF THE BUSINESS According to our interviews, within the City of Rancho Cucamonga and adjoining East/West cities, there is a verified need for dining/cocktail services at or above Baseline Road. Presently, residents of these communities must travel south to Foothill Blvd to find a restadrant with an atmosphere that is only close to those that will be available at McAlan's. Typically, restaurants offering the facilities planned for McAlan's will attract • customers in the 25-55 year age range. Current demographics provided by Grubb &Ellis • indicate that in 1998 there were over 9000 target customers within one mile of the proposed lvlcAlan's location and over 84,000 target customers within 5 miles. Of targeted customers within one to five miles, 56% and 50%respectively, generate annual household income of$50,000+. In addition, the extension of the 30 freeway just south of McAlan's st Highland Blvd. should serve to augment customer traffic. MISSION STATEMENT . To provide an atmosphere of comfort and well-being in which our customers can enjoy quality food and refreshments at a fair and equitable price. THE CONCEPT McAlan's will be an upscale restaurant/pub establishment. The entrance will be accented at either side of the door with neatly trimmed, potted"poodle bushes." The double door will be constructed of heavy cherry wood accented with brass kick plates. The interior will be furnished in red leather, cherry.wood bar/stools/tables and accented with brass fixtures. The fireplace, wall furnishings, pictures and carpets will all be consistent with library motif. The key to the success of McAlan's will be quiet comfort in a living room environment. Entertainment will include a piano in the Happy Hours and easy listening combo's in the evenings. (No blaring music or loud bands.) The menu will consist of • gourmet hamburgers, hot sandwiches, quesadillas, french fries, etc. • Exhibi-tr S46S-C e r+ OA Cie CAA g, Zo0c° C & D- 23 • LOCATION • McAlan's will be located at 6321 Haven Ave. in the Haven Village Shopping Center at the northeast corner of Haven Ave. and Highland Ave. in Rancho Cucamonga, which comprises approximately 4500 square feet. Anchor tenants in the center include Top Value Supermarket, McDonald's and Unocal. According to Donnelly Marketing information in May of 1998, Haven Ave. supports daily auto traffic of 21,123 cars. Highland Ave. supports daily traffic of 2,916 cars, which is projected to grow over the next three years, as Haven Ave. is a future access to the new 30-freeway extension. OBJECTIVES AND FINANCIAL EXPECTATIONS Short term it is anticipated that McAlan's will be open for business 7 days per week. Weekly customers are estimated to be 938 at an average food/beverage ticket of$14.50. This equates to$13,618.78 a week of$710,122.10 annualized. Long term, McAlan's hopes to build a neighborhood clientele that will enjoy McAlan's as a local gathering place for friends and neighbors to get together for good food and company. COMPETITION Salsitas Mexican Restaurant CoCo's Coffee Shop Mc Donald's Noble House Chinese Restaurant • MARKETING STRATEGY • McAlan's will use traditional marketing methods (i.e., fliers, newspaper advertisements, billboards, etc.). Given the hospitality and atmosphere that McAlan's intends to provide word of mouth will also become a highly effective marketing tool. MINIMIZING RISK FACTORS McAlan's will implement a plan of continuous education to employees regarding refusal of service of alcoholic beverages to underage and intoxicated patrons and abide by all ABC guidelines. CAPITAL Partners are personally funding this project. It is anticipated that no loans will be required. SUMMARY McAlan's hopes to provide the community with a local establishment that provides good food, in a relaxing environment close to home. • Bi • C & D- 24 • • February d,2000 To: city of Rancho Cucamonga 1ta: 1.'roposed Entertainment Schedule for Mc Man's Pub and Grille • MSc: No entertainment No ettertainment Wildamlay-7p.m. to I 1 pm Kareokn Thund,ly-6p.m.to 11 p.m Piano player,guitar player singer or a trio • Friday,and Saturday-7p.m.to 12:30p.m. Piano player,guitar player singer or a trio Sunday—7p.m. to 11p.m: or earlier Piano player,guitar player singer or trio EsAil '. 0 • vC Report- • -March $r-i,o'.00 C & D- 25 • .04.11, n•9 «a+,011,1•11 YWIY OAYM KGO pi s • • --=seas. �" • S I l i , . i 9 111 A'alb ill ii -(8- • ...9......112.-la-4=-1 i glictos 0 9: e I gi.: ao • i %%11%... ) at tc.- 1 1: . _.../.2:=.."-• ••• �`VV „, Se-pi 7 4.• • • ..... ... 1 •V 4-Lik - '- � , •%* Ma lik ., "0 • • Exh1 b��-"p" I •• To S-hz Repast . VA(i v6, gt a o°o c & D- 26 • APPETIZERS MCALAN'S HOT WINGS Spicy chicken wings served with celery sticks and ranch dressing CHICKEN QUESADILLA Large flour tortilla filled with grilled chicken,jack and cheddar cheeses served with spicy salsa and tasty guacamole CHICKEN TENDERS Breaded chicken tenders deep fried to a golden brown served with ranch dressing and barbecue sauce BEEF TAQUITOS Served with spicy salsa and tasty guacamole • ONION RINGS 11/Lightly battered and seasoned CHIPS AND SALSA SALADS MCALAN'S FAMOUS COBB Mixed greens with diced turkey, ham and crisp bacon, tomato, cheese, avocado and egg CAESAR SALAD Romaine lettuce tossed with fresh Caesar dressing, toasted croutons and parmesan cheese add grilled chicken GARDEN SALAD Mixed greens • 5.)chibi +0E �� • C S-4u4c R,e e zir+ 1Yn0.rck € 2.000 C & D- 27 . • FROM THE GRILL Each selection comes with choice of steak fries, potato salad or onion rings and chilled dill pickle. MCALAN'S BURGER Juicy charbroiled patty, served with cheese, lettuce, tomato and onion MUSHROOM BURGER Charbroiled patty topped with sautéed mushrooms, Swiss cheese, lettuce & tomato CHILI BURGER Charbroiled patty smothered with chili, topped with cheese, lettuce, tomato & onion GREAT BACON AND AVOCADO BURGER . McAlan's burger topped off with bacon and avocado ITALIAN BURGER Charbroiled patty topped with pizza sauce and mozzarella cheese CHARBROILED BBQ CHICKEN Boneless chicken breast on toasted bun with lettuce, tomato, onion and tasty barbecue sauce CAJUN CHICKEN Boneless chicken breast on toasted bun with spicy Cajun seasonings,jack cheese, lettuce & tomato CALIFORNIA CHICKEN Boneless chicken breast on toasted bun topped with avocado, Ortega chiles, lettuce, tomato & onion • E1 Rep or-+ vy, i &L g� Zoo-o C & D- 28 SPECIALTY SANDWICHES Each selection comes with choice of steak fries, potato salad or onion rings and chilled dill pickle. BEEF DIP Thinly sliced roasted beef piled high on a French roll, topped with Swiss cheese, served with au jus PASTRAMI SANDWICH Thinly sliced! pastrami piled high on a French roll, topped with Swiss cheese, served with mustard and pickles HAM STACK • Premium ham piled high on choice of bread with cheese, lettuce & tomato ` TURKEY MELT Generous portion white breast meat, Swiss cheese, lettuce & tomato, grilled to perfection; choice of bread PATTY MELT Fresh ground beef patty , served with Swiss and cheddar cheeses, sauteed onions on rye bread, grilled to perfection DESSERTS NEW YORK CHEESECAKE APPLE PIE ALA MODE • ICE CREAM SUNDAE • El „ 29— • RESOLUTION NO. 00-27 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 00-03 FOR A BAR WITHIN A RESTAURANT, LOCATED AT 6321 HAVEN AVENUE, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 210-271-69 A. Recitals. 1. Mark Alan and Vivian C. Campero have filed an application for the issuance of Conditional Use Permit No. 00-03, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 8th day of March 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga,as follows: . 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on March 8, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue, on the southeast corner Haven Avenue and Lemon Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with the Haven Village Center; and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and c. The proposed use, a restaurant with a full bar and entertainment, is consistent with the Neighborhood Commercial District, and the surrounding Haven Village Center. d. The commercial center has sufficient parking spaces to accommodate the proposed use based on parking calculations from the site plan; and e. The proposed use would be compatible with the surrounding center. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: C & D- 30 PLANNING COMMISSION RESOLUTION NO. 00-27 CUP 00 — 03 March 8, 2000 Page 2 • a. The proposed use is in accordance with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. • Planning Division 1) Approval is for a 4,500 square foot restaurant and bar. Expansion or intensification of the bar facility shall require a modification to the Conditional Use Permit. 2) Approval shall expire, unless extended by the Planning Commission, if • building permits are not issued or the approved use has not commenced within 24 months of this date. 3) Approval of this request shall not wave compliance with any sections of the Neighborhood Commercial District, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 5) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. 6) Any signs proposed on the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the Haven Village Center and shall require review and approval by the City Planner prior to installation, 7) A separate Conditional Use Permit is required if there are more than • three coin operated amusement devices on the premises. 8) Private parties with or without bar service may be allowed during the • day and must end before the regular bar opens. C & D- 31 • PLANNING COMMISSION RESOLUTION NO. 00-27 CUP 00 - 03 March 8, 2000 Page 3 • Building and Fire Safety Division 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2000. . PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r / BY: tat .-/_�7S � C)i... • MY -rry T/cNiel, Chairman ATTEST: _-__a. %. Brad Mar ecr:tary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of March 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • C & D- 32 • RESOLUTION NO. 00-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 00-01, A REQUEST TO OFFER ENTERTAINMENT CONSISTING OF A SMALL ACOUSTIC TRIO AND KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR WITHIN THE HAVEN VILLAGE CENTER, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6321 HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-271-69. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2, Mark Alan and Vivian Campero have filed an application for the issuance of Entertainment Permit No, 00-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 8th day of March 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. • 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on March 8, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with Haven Village Center; and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and c. The proposed activity addresses local demand for the proposed entertainment activities that are safe, convenient, and accessible. • C & D- 33 PLANNING COMMISSION RESOLUTION NO. 00-28 EP 00 — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 Page 2 d. The proposed activity is consistent with General Plan objectives to provide a broad • range of and uses and business opportunities. e. The proposed use consists of full bar service, restaurant, and entertainment. f. The proposed uses are consistent with the Neighborhood Commercial District. g. The commercial center has sufficient parking spaces to accommodate the proposed uses based on the parking count records. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals, or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and c. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought td' be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or • of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years.; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and surrounding residences; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application. Planning Division 1) This approval is only for the following entertainment uses: dancing; a small acoustic trio; and one night of Karaoke. Any change of intensity or type of entertainment shall require a modification to this permit. • C & D- 34 , PLANNING COMMISSION RESOLUTION NO. 00-28 EP 00 — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 Page 3 • 2) The days and hours of operation for the entertainment shall be limited to Wednesday and Sunday between 7 p.m. until 11 p.m., Friday and Saturday from 7 p.m. until 12:30 a.m., and Thursday from 6 p.m. until 11 p.m.. Any expansion of days and/or hours shall require modification • to this permit. 3) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 4) Entertainment shall be conducted inside the building. 5) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 6) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 7) Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for "Fire Exit Only." 8) If operation of this Entertainment Permit causes adverse effects upon • adjacent residences, businesses, or operations including, but not limited to, noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 9) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 10) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 11) The dance floor shall be less than 150 square feet. Any dance floor • larger than 150 square feet shall require modification to this permit. Fire District/Building & Safety Division 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Division. 2) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been • complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review C & D- 35 PLANNING COMMISSION RESOLUTION NO. 00-28 EP 00 — 01 — MCALAN'S PUB AND GRILLE March 8, 2000 Page 4 and approval prior to the issuance of building permits. The building • shall be inspected for compliance prior to occupancy. 3) Submit complete plans for review of Assembly Occupancy. 4) Any modifications to the approved plans after occupancy of the building may require additional review and or permits from the Fire District and the Building and Safety Division. 6. . The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF MARCH 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA C / BY: ArAkt, i RI' CL__ ir arry TA cNiel, Chairman ATTEST: Bra , Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of March 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • • C & D- 36 T H E vier C I T Y OF A N C H O C U C A M O N G A Staff Report DATE: June 28, 2000 TO: • Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting City Planner BY: Emily Wimer, Assistant Planner • SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT- 00-03 MCALAN'S PUB AND GRILLE —A request to modify a previously approved restaurant and bar to permit serving of alcoholic beverages in the outdoor patio area in the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue (formerly Willie & Pies Pizza) — • APN: 201-271-69. BACKGROUND: This item was continued at the request of the Planning Commission from the June 14, 2000, Planning Commission meeting. The Planning Commission requested the continuance in order to allow time for the landlord and tenants to resolve issues presented in the letter (dated June 14, 2000) from tenant Mike Tole. The applicant has indicated on June 21 that discussions are still ongoing with Mr. Tole and the landlord. Staff will provide an oral update at the meeting. RECOMMENDATION: Staff recommends approval of the modification to Conditional Use Permit through adoption of the attached Resolution. Re •ectfully ubmitte• •-• • eman Acting City Planner EW:DC:gs • Attachments: Exhibit "A" - Staff Report dated June 14, 2000 Exhibit "B" - Letters Resolution of Approval for Modification to Conditional Use Permit 00-03 AHIBITG C & D- 37 6 • . . . . . r i the city o f • Rancho Cucamonga Staff Report . • DATE: June 14, 2000 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Emily Wimer, Assistant Planner • SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT- 00-03 MCALAN'S PUB AND GRILLE - A request to modify a previously approved restaurant and bar to permit serving of alcoholic beverages in the outdoor patio area in the Neighborhood Commercial District of the Haven Village Center, located at 6321 Haven Avenue (formerly Willie & Pies Pizza) -APN - 201-271-69. BACKGROUND: • • The applicant requested a modification to the Conditional Use Permit previously approved on March 22, 2000. The proposed modification will allow seating and serving of alcohol in the patio area • which currently exists at the location. The former "Willie and Pies" restaurant used this area for outdoor seating. • PROJECT AND SITE DESCRIPTION: A. Site Characteristics and Surrounding Land Use: Site characteristics and surrounding land uses are the same as the previously approved Conditional Use Permit. The surrounding land • uses are compatible with the approved pub and grille. The site characteristics will stay the • • same as the approved restaurant except the addition to serving alcohol in the enclosed patio • area. . B. Parking: The expanded use of the patio area is identical to the former "Willie and Pies" outdoor seating area. Parking for the pub and grille will not exceed the spaces used by the previous tenant. Haven Village Center has a total of 485 parking spaces. ANALYSIS: A. Proposed Uses: The applicants, Mr. Alan and Ms. Campero, propose to modify the original Conditional Use Permit which approved the pub and grille on March 22, 2000. The proposed A — ic S+'Q t 3 n bet , 3uN2 28) Zoo° • C & D- 38 • ' PLANNING COMMISSION STAFF REPORT • CONDITIONAL USE PERMIT 00 —03 June 14, 2000 Page 2 modification will allow serving alcohol and food within the patio area, The wrought iron patio enclosure, which currently exists, is a total of 377 square feet. Currently a gate is located at the front of the patio. The applicant proposes to close the entrance and extendthe wrought iron fencing. There will be no access from the parking area. B. Compatibility of Use: The pub and grille is located on the northwest corner of Haven Village Center. The use is not expected to disturb existing residences or any of the surrounding businesses as discussed in the previous analysis. Conclusion: Based on the above analysis, staff believes that the proposed modification is compatible with the surrounding uses and complies with the objectives of the Neighborhood Commercial Center, CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site and all the tenants within the Haven Village Center. RECOMMENDATION: Staff recommends approval of the modification to Conditional Use Permit through adoption of the attached Resolution. • Respectfully submitted, Brad Buller City Planner BB:E1MIs Attachments: Exhibit "A" - Site Plan Exhibit "B" - Floor Plan • Resolution of Approval for Modification to CUP 00-03 • • C & D- 39 4. • -.. • -.\.g _I 00~n a ' 0 \ a g t' .q a Yt .I DV G 0 V N4.0 0 . • h. 0 y 7 V V 1 U , I.i ,• p m • I • .+ m qj,".1 '.1 r-I N 10.. a1 0 .] 0 'y m _ C al i+ I a1 u q co a�•b aa° " C fa Y m° 8 u a g D IT VI .I.0 a a \/OOL.lIV ° .•..Yi y1p •ti ti 0 0 TI q D M Y V N L u p .S 0 O 2 rlt a1 q p > q q .0 > p tll > q .'D.I 0 0 S K .• 0 LL .. HU mmz < F F 0 < o K > > U ❑ t., ' p q m "1 • . . , . . . , . . a . . . . . . , r. , . . . 0 w. 1p..rn< N I D r C O u ' .-1rvn < h1Drn .1Nn . mV0. C ...— y • .-1 . . . . . . 1.0 n 1 .1 C -I m ID . :•\, .0 m -40 0Y I E 0 >p N V $ 0 .0 2 N- ..- a 1r ° 1 �/ ° o v It. a 1 1 1 1 1 1• I ; : 9 .o fil el au.• 't i P - •3 1 -� , , m F �e I . , N 0/ i r— . . ..Vie.,• ;h 1EE !EI z^ n I �; •I 11 : 11 r 1 Y \\'• i . cc• C 7 - • II \\\\\'.-. . . " 111: O �. m ry0• II m - . :. ,CD 0 ). 5 ,..-:F.:r.,, . J \�: —mow , 0 0 2 • > a V-i SH,,, 1 _` K ~LLv _ 'ii •• a ■ �,w II 1 H //Y/oo on.l.. .C,1, .1 • I C & D- 40 fin✓✓✓ b� ^ C • .-Y •_,-. V 1 v ! • 1 — — 1 . -.( i 1 1 • citupy ; I Nc>i_ Lc) -------L_ l• • -- — -----+— .. •j• 1 r • . q9- v 0 , o, c›, i . 6/iy/�� • (et' _ __.- " D- 41 ."f,. •IRS.. •I R 1.. ■. r.•• I r1i / 11 I.u. q•.....Mg . I..1Y» MY I.Y..N -" • n.,w, Abe.y .I...I'W .ttA /,04 Viewn•IN4j avail I 1 1 i.• .1 ti g Nei R or I MM p eM � i12 • s . + I � ,4 CL 0 ü1tk ,..... . .-ate 1 re . &It\ Is •• --A- ..4 •;,■=. .. :I O e ��, Y •'. • C ' 1` �1 ' :'� • • . E--Ir - E' , 41�-• it •® M .... fir: _• � j 1 s_.�1 'o 0�/e • p l� , iL twe! arolT1'••• • ,a 1 on 1 I t*r.� , • •:. I} g • o� j . t II fit Ilil tI•11 C 1.111. i 1 pill�i Exit ins, r /Woo iil ,I�"5 " 6 � � 411t1��i! y I C & D- 42 i . • fig F • June 14, 2000 • • City of Rancho Cucamonga Planning Commission 10500 Civic Center Drive Rancho Cucamonga, CA 91737 • Attention; Brad Buller,City Planner { Emily Wimer,Assistant Planner • • Re: Public Hearing, June 14,2000 Modification to Conditional Use Permit- 00-03- McAlan's Pub and Grille • With regard to the requested modification to the Conditional Use Permit#00-03, McAlan's Pub and Grille, Tole House Cafe asks that the request be denied based on the following reasons. • • It is being proposed that the outdoor patio area defined in the modification request,currently 37 square feet enclosed by a wrought iron fence with gate, be modified • to close off access to the parking area. There is much concern and controversy regarding the existing wrought iron enclosure. The,enclosure was built and installed originally without any permits. The fence is located in what is referred to as 'common area" in the lease between the landlord and the Tole House Café. Tole House Café has requested to the IandlordShat the fence be removed,as its location is in violation of tha 'common area"rules as well as health codes with regard to the Tole House Cafe,and handicap fire and safety access for patrons to the Tole House Cafe(as well as other businesses east of the cafe). The fence is butted up directly to two steps blocking any and all ramp access to the rear of the buildings(see exhibit A). San Bernardino County Department of Health requires that any deliveries of product pass through an'air fan"to prevent flies from entering the facility. The air fan is loud and can be distracting to patrons,and is traditionally located above the rear doorway. The approved city and health department plans for Tole House Café show the delivery door with 'air fan'at the rear of the building. With the fence in its current location,the back door is inaccessible because there are steps,and no ramp access. It is also of great safety concern, because in the event of a fire or other emergency, if handicap occupants must exit to the rear of the building,there are steps and no ramp access for them to reach safety in the front and parking areas. It is imperative that the existing wrought iron fence be removed,or restructured to allow walkway access as defined by the American Disabilities Act and/or any other legal requirements for ramp or walkway access. The modification to the proposed use,the serving of alcoholic beverages in the outdoor patio area, is not consistent with the surrounding Haven Village Center,nor is it • compatible. The Haven Village Center is comprised of small businesses and shops,as well as 6/,ti/2,000 • C & D- 43 Anchor Tenants such as McDonalds and Top Valu Market, all geared to appeal to and meet • the needs of families. There is a local veterinarian hospital,a family hair salon,a dental office,and several other small businesses that market primarily to families with children. Tale House Café is a small restaurant with a strong 'family' customer base,especially on Sundays,drawing large crowds from the local churches. Serving alcohol in the outdoor patio will expose the local patrons of the center to an unappealing, non-family environment,which could be detrimental to the future revenue of the current businesses. Serving alcohol outside in the'patio"area,may have a drastic effect on the patrons of the Tole House Cafe,as it also utilizes the patio area as defined in its lease as common area. The McAlan's Pub and Grille is located on the southeast corner of Haven Avenue and Lemon Avenue,directly caddy-corner to H.U.D. Apartments. These apartments fundamentally draw low-income occupants. It is a well-known stigma among local businesses that these occupants,and visitors to these occupants,are not always the most upstanding citizens,and local crime is often attributed directly to those apartments. Allowing alcohol to be served outside can very easily draw these types of people to loiter in the surrounding areas of the.patio. This would directly affect Tole House Café,as it is located directly next door to the east and shares the'patio as common area as defined in its lease. In conclusion, Tole House Cafe asks the City of Rancho Cucamonga Planning Commission to deny the request to modify the conditional use permit 00-03- McAlan's Pub and Grille. Serving alcohol in the patio area will cause adverse effects upon adjacent • businesses. It provides obvious health and safety problems for surrounding businesses,as well as potential deterioration to the current patronization of surrounding businesses, primarily Tole House Café. Tole House Café also asks the City of Rancho Cucamonga Planning Commission to further enforce the elimination of the existing wrought iron fence, as was requested to landlord,for obvious health and safety reasons. Respe ully, Michael and Jennifer Tdvles Tole House Cafe R-1s- 33a7 (w . twit 1 c.tkot,i2c • 5e') • itt 12...400 C & D- 44 • • • RESOLUTION NO. 00-63 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 00-03 TO SERVE ALCHOLIC BEVERAGES IN THE OUTDOOR PATIO AREA,LOCATED AT 6321 HAVEN AVENUE, IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 201-271-69 A. Recitals. • 1. Mark Alan and Vivian C. Campero filed an application for the issuance of Modification to • Conditional Use Permit No. 00-03, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 14th day of-June 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. The Planning Commission continued the application at the applicant's request in order to allow the landlord and applicant time to resolve issues raised by the neighboring tenant. All parities have indicated to staff that the issues have been resolved. • 3. On June 28, 2000, the Planning Commission of the City of- Rancho Cucamonga concluded a duly noticed public hearing on the application. • 4. All legal prerequisites prior to the adoption of this Resolution have occurred. • • B. Resolution. • • NOW, THEREFORE, it is hereby found,determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. • 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on June 14, and June 28, 2000, including written and oral staff reports, • together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue,on the southeast corner Haven Avenue and Lemon Avenue with a street frontage of 161 feet and lot depth of 455 feet and is presently improved with the Haven Village Center, and b. The property to the north of the subject site is developed with single family residential (Low, 2-4 dwellings per acre), the property to the south is the Route 30 freeway, the property to the east is developed with Medium-High residential (14-24 dwelling units per acre), and the property to the west is a small shopping center on the southwest corner; and c. The modification to the proposed use, the serving of alcoholic beverages in the outdoor patio area is consistent with the Neighborhood Commercial District, and the surrounding Haven Village Center and; . • d. The proposed use would be compatible with the surrounding center. • •• C & D- 45 • PLANNING COMMISSION RESOLUTION NO. 00-63 CUP 00- 03 June 28, 2000 • Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accordance with the General Plan, the objectives of the • Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. • • c. The proposed use complies with each of the applicable provisions of the Development Code: 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970,.as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. Planning Division • 1) Approval is for the serving of alcoholic beverages in the outdoor patio area of the recently approved McAlan's Pub and Grille. Expansion or intensification of the patio area shall require a modification to the Conditional Use Permit. 2) When entertainment is being conducted, doors to the patio shall remain closed for noise attenuation purposes. No entertainment shall be conducted outdoors. 3) Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or the approved use has not commenced within 24 months of this date. 4) Approval of this request shall not wave compliance with any sections of the Neighborhood Commercial District, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) if operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 6) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. • C & D- 46 PLANNING COMMISSION RESOLUTION NO. 00-63 CUP 00— 03 June 2B, 2000 Page 3 • • 7) Any signs proposed on the facility shall be designed in conformance • with the City's Sign Ordinance and the Uniform Sign Program for the Haven Village Center and shall require review and approval by the City Planner prior to installation. • 8) Private parties with or without bar service may be allowed during the day and must end before the regular bar opens. Building and Fire Safety Division • 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for review and approval prior to the issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) The modification to the approved plans after occupancy of the building will require additional review and/or permits from the Fire District and the Building and Safety Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA nC - Larry T..Mel, Chairman ATTEST: / all\--� oleman,l Acting Secretary I, Dan Coleman,Acting Secretary of the Planning Commission of the City of Rancho Cucamonga,do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of June 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE • ABSENT: COMMISSIONERS: MACIAS • r • C & D- 47 • RESOLUTION NO. 10-24 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2010-00188, A REQUEST TO MODIFY CONDITIONAL USE PERMIT CUP00-03 INCLUDING MODIFICATIONS TO THE FLOOR PLAN AND HOURS OF OPERATION FOR AN EXISTING 4,368 SQUARE FOOT FULL SERVICE RESTAURANT AND BAR INCLUDING A 377 SQUARE FOOT OUTDOOR PATIO LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF LEMON AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6321 HAVEN AVENUE- APN 0201-272-06; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. Charles Joseph Associates, on behalf of the owner Stacey Wendler, filed an application for the issuance of Conditional Use Permit No. DRC2010-00188, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Conditional Use Permit request is referred to as "the application." 2. On the 23rd day of June, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. • 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning . Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. • 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on June 23, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision in the Low Residential zoning district, the property to the south consists of the 210 Freeway, the property to the east is an existing condominium complex in the Medium High Residential zoning district, and the property to the west is an existing shopping center in the Neighborhood Commercial - District; and • c. The subject site has a General Plan land use designation of Neighborhood C & D- 48 PLANNING COMMISSION RESOLUTION NO. 10-24 J DRC2010-00188 June 23, 2010 Page 2 • Commercial. The proposed use is in accordance with General Plan Police LU-1.3 which encourages commercial centers to provide a broad range of retail and service needs for the community. With the modifications to the floor plan of the restaurant including the applicable conditions, the restaurant can expand its services and attract a wider range of residents to the shopping center; and d. The proposed use will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and e. The proposed use complies with each applicable provision of the Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses. • 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be • detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any new construction, only the modification of the hours of operations and interior floor plan for an existing restaurant. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth • below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is hereby granted for the modification of Conditional Use • Permit CUP00-03 including modifications to the floor plan and hours of C & D- 49 , PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 June 23, 2010 Page 3 • operation for an existing 4,368 square foot full service restaurant and bar including a 377 square foot outdoor patio located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue—APN 0201-272-06. 2) The days and hours of operation shall be limited to Sunday through Wednesday between 9:00 a.m. to 12:00 a.m., Thursday between 9:00 a.m. to 1:00 a.m., and Friday and Saturday between 9:00 a.m. to 2:00 a.m. 3) The days and hours of operation shall be permitted to extend to 2:00 a.m. for the following holidays: New Year's Eve, Labor Day, Memorial Day, and Saint Patrick's Day. 4) The sale and consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition #2. 5) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorneys fees, which the City, its agents, officers, or employees may be required by a court to pay as a • result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this . condition. 6) Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 7) No modifications to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 8) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Alcohol Service: 9) , Applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic beverages, and has entertainment as defined by Section 5.12 of the Municipal Code. (Definition of ID Scanner:An ID Scanner automates and documents the age verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification number and date • of birth on the identity card provided by patrons. This information should be recorded and maintained for a minimum of thirty (30) days. C & D- 50 PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 • June 23, 2010 Page 4 • The business will provide the ID Scanner records to law enforcement upon request. 10) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to distinguish alcoholic drinks from non-alcoholic drinks. Additionally, persons over 21 years of age shall have a unique mark or symbol applied to the backside their hand that readily identifies them as a person who can be served an alcoholic drink. 11) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 12) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "Buy one drink, get one free," "Two for the price of one," or "All you can drink for ..." or similar language. 13) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 14) Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic drink shall not be sold to a single patron for their sole consumption. • 15) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 16) Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 17) A file containing the names and dates of employment of every person serving alcoholic beverages for consumption by patrons on the licensed premises, and every manager, shall be kept on the premises. The file shall also include a copy of each person's certificate of completion of the Department of Alcohol Beverage Control L.E.A.D. course (Licensee Education on Alcohol and Drugs) or equivalent. Upon request, said file shall be made available for review to representative of the City of Rancho Cucamonga Police Department. New employees will have 90 days from date of employment to obtain L.E.A.D. certification or equivalent. 18) There shall be a Designated Driver Program wherein there is an incentive to the person not drinking alcoholic beverages, who is in a group of three or more, to be the designated driver for that group of patrons. 19) There shall be a taxi-ride program where the establishment will offer to • call a taxi for patrons when it seems appropriate. Phone numbers of local taxi companies shall be posted for viewing by patrons. C & D- 51 , PLANNING COMMISSION RESOLUTION NO. 10-24 DRC2010-00188 June 23, 2010 Page 5 • Security Issues: 20) Except in case of emergency, the licensee shall not permit its patrons • to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 21) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or(3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 22) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, • public urination, lewd conduct, drug trafficking, or excessive loud noise. 23) Security personnel required by the Entertainment Permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 24) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 25) Contract security services shall be familiar with establishment's written security policy and procedures; by reviewing them and signing they • have read and understood the policy. The signed acknowledgement C & D- 52 PLANNING COMMISSION RESOLUTION NO, 10-24 4, DRC2010-00188 June 23, 2010 Page 6 • shall be kept in file relating to the security manual. 26) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. 27) Install a closed circuit television system capable of readily identifying facial features, and stature of all patrons entering the establishment during hours of a nightclub type operation. Cameras are to be recorded and a library of events shall be kept and available for inspection by the City of Rancho Cucamonga Police Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman • ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of June 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • C & D- 53 zi e COMMUNITY DEVELOPMENT rr�r'.h,_ F DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2010-00188 SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: CHARLES JOSEPH ASSOCIATES, on the behalf of the owner, STACEY WENDLER LOCATION: 6321 HAVEN AVENUE - APN 0201-272-06 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements compe on Date • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its /_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/ / project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use —/ /_ has not commenced within 5 years from the date of approval. No extensions are allowed. 4.12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00188Stnd Conds 6-23.doc C & D- 54 Project No.DRC2010-00188 " Completion Date ' • C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/� site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / /_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and /_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/ /_ debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an /_/ • exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing,or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00188Stnd Conds 6-23.doc C & D- 55 • RESOLUTION NO. 10-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2010-00189, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS DANCING, BANDS, AND KARAOKE IN CONJUNCTION WITH A 4,368 SQUARE FOOT FULL SERVICE RESTAURANT AND BAR LOCATED NORTH OF THE 210 FREEWAY AND SOUTH OF LEMON AVENUE WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6321 HAVEN AVENUE -APN 0201-272-06; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Charles Joseph Associates, on behalf of the owner Stacey Wendler,filed an application for the issuance of Entertainment Permit No. DRC2010-00189, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 23rd day of June, 2010, the Planning Commission of the City of Rancho • Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on June 23, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision in the Low Residential zoning district, the property to the south consists of the 210 Freeway, the property to the east is an existing condominium complex in the Medium High Residential zoning • district, and the property to the west is an existing shopping center in the Neighborhood Commercial District; and C & D- 56 PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00188 • June 23, 2010 Page 2 c. The conduct of the establishment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as conditions have been imposed to require onsite security during the hours of entertainment and ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and d. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential development as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and f. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. 3. Based upon the substantial evidence presented to this Commission during the above- • referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and • b. That the premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and c. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential development; and f. That the applicant has not made any false, misleading, or fraudulent statement of • material fact in the required application. C & D- 57 , PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 • June 23, 2010 Page 3 • 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any new construction, only the modification of the hours of operations and interior floor plan for an existing restaurant. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below and in the attached Standard Conditions incorporated herein by this reference: Planning Department 1) Approval is hereby granted to Stacey Wendler, owner, for an Entertainment Permit which includes live entertainment such as dancing, bands, and karaoke in conjunction with a 4,368 square foot full service restaurant and bar located north of the 210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District at 6321 Haven Avenue -APN 0201-272-06. • 2) This approval is only for karaoke, dancing, and up to a 4-member band with limited amplification. Any change of intensity or type of entertainment shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Thursdays between the hours of 8:00 p.m. and 12:30 a.m., and Fridays and Saturdays between the hours of 8:00 p.m. and 1:30 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) At no time shall there be more than two (2) days of bands each week during the hours and days defined in Condition #3. 5) The days and hours of entertainment shall be permitted to extend to 1:30 a.m. for the following holidays: New Year's Eve, Labor Day, Memorial Day, and Saint Patrick's Day. 6) Per Section 5.12 of the Rancho Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the property be sold or ownership transferred, a new Entertainment Permit must be reviewed and issued by the Planning Commission to the new owner. • 7) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. C & D- 58 PLANNING COMMISSION RESOLUTION NO. 10-25 • • DRC2010-00189 June 23, 2010 Page 4 • 8) There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 9) Entertainment shall be conducted inside the building. • 10) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 11) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 12) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for "Fire Exit Only." 13) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses,or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or • revocation of the permit. 14) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 15) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. Security Issues: 16) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm as approved by the Rancho Cucamonga Police Department shall be required to be on the premises from 8:00 p.m. until the parking lot is cleared after the conclusion of any entertainment. The guard shall be in peace officer attire and shall remain on duty in the parking area and outside adjacent areas of the facility to avert problems such as loud noise, disorderly conduct from patrons or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 17) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding • entrances/exits from patio areas. Steps shall be taken by the • licensee to discourage unauthorized exiting. C & D- 59 • PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 5 • 18) Any patron who (1)fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or(3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 19) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 20) Security personnel required by the entertainment permit issued for the licensed premises shall be in a uniform or clothing which is • readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy, and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code)to correct objectionable conditions that constitute a nuisance. 21) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons;warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 22) Contract security services shall be familiar with establishment's written security policy and procedures; by reviewing them and signing they have read and understood the policy. The signed acknowledgement shall be kept in file relating to the security manual. • C & D- 60 PLANNING COMMISSION RESOLUTION NO. 10-25 DRC2010-00189 June 23, 2010 Page 6 • 23) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. 24) Install a closed circuit television system capable of readily identifying facial features, and stature of all patrons entering the establishment during hours of a nightclub type operation. Cameras are to be recorded and a library of events shall be kept and available for inspection by the City of Rancho Cucamonga Police Department. Fire District/Building & Safety Department 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary . I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of June 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • C & D- 61 • 'gip'J , COMMUNITY DEVELOPMENT it� h DEPARTMENT iii STANDARD CONDITIONS PROJECT#: DRC2010-00189 SUBJECT: ENTERTAINMENT PERMIT APPLICANT: CHARLES JOSEPH ASSOCIATES, on the behalf of the owner, STACEY WENDLER LOCATION: 6321 HAVEN AVENUE - APN 0201-272-06 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/ /_ agents, officers, or employees, because of the issuance of such approval, or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include / /_ site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / /_ of Approval shall be completed to the satisfaction of the Planning Director. 012-08 1 !PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00189 Stnd Cond 6-23 .doc C & D- 62 Project No.DRC2010-00188 - I. Completion `late • 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and /_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety • Department to show compliance. The buildings shall be inspected for compliance prior to • occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. C. Shopping Centers • 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / /_ debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an / / exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the —) hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading, opening,closing, or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. • • • 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00189 Stnd Cond 6-23 .doc C & D- 63 ii ■ 0 • , 045 W W . Or\ . 0 .w2 �1 .. G CLC = C O M N V CO N \ Cli N 0 C V W 0-g ' aCE . 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NAME , ADDRESS CITY ITEM 1. 11 , 1 2. "90//7/ /e/A-eG 3. OA}AiA U 4. 4D bat/ 5. J US 7:11 6. Rike /P/G(trri, 7. C 'wl 8. r� Z / 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.